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OF  CALIFORNIA 
S  ANGELES 


IOWA 
AND  THE  NATION 


BY 

GEORGE  CHANDLER 

Attorney  at   Law 
AND 

JOHN  L.  CHERNY 

Superintendent  of  Schools 
Independence,   Iowa 


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*)    I  ) 


A.  FLANAGAN  COMPANY 

CHICAGO 


COPYRIGHT,   1915,  BY  A.  FLANAGAN  COMPANY 


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PREFACE 

This  book  has  been  written  to  answer  a  demand  for  a 
single  text  on  state  and  national  government.  The  increas- 
ing interest  shown  in  the  sudy  of  civil  government  is  proof 
that  the  people  are  thinking  and  studying  about  governmental 
affairs  as  never  before. 

The  statements  of  fact  in  some  parts  of  the  book  are 
'^  necessarily  brief.  To  supplement  the  work  in  the  study  of 
^  Iowa  government,  constant  reference  should  be  made  to  the 
^  code,  and  also  to  the  session  laws  of  the  general  assembly. 
Many  valuable  public  documents,  for  use  in  supplementary 
<^  work,  may  be  had,  free  of  charge,  by  applying  to  the  officers 
""^  who  have  the  care  of  the  work  upon  which  the  information 
is  desired. 

A  knowledge  of  the  facts  of  civil  government  will  not  in 
itself  result  in  good  citizenship.  If,  as  is  so  often  stated, 
the  primary  object  of  the  public  schools  is  to  train  for 
citizenship,  the  work  is  but  poorly  done  that  does  not  have 
for  its  foundation  the  formation  of  right  habits  of  thought 
and  action,  and  the  development  of  noble  manhood  and 
^  womanhood. 
'  George  Chandler. 


f 

I  306709 


EDITOR'S  PREFACE 

In  assuming  the  joint  authorship  of  Iowa  and  the 
Nation  the  writer  feels  that  a  sane  and  practical  text  in 
civics  ought  to  give  due  emphasis  to  government  as  a  liv- 
ing organism.  Citizenship  demands  a  knowledge  of  the 
principles  of  government.  Many  changes  are  made  from 
time  to  time  in  the  form  and  structure  of  our  govern- 
ments ;  consequently,  young  people  must  not  only  acquire 
patriotic  impulses  and  high  ideals  of  citizenship,  but  in  a 
government  "by  the  people"  they  must  have  an  intimate 
knowledge  of  the  machinery  and  structure  of  the  govern- 
ment under  which  they  live,  in  order  to  make  the  changes 
with  intelligence. 

The  new  Iowa  and  the  Nation  contains  a  list  of  ques- 
tions and  suggestions  at  the  close  of  each  chapter.  Alany 
of  the  questions  are  meant  to  elaborate  the  text  and  to 
provoke  discussion  and  investigation  of  a  great  many  sub- 
jects of  community  interest.  The  energetic  teacher  will 
not  only  make  use  of  these  but  will  further  vitalize  the 
subject  by  organizing  the  class  as  The  Board  of  Super- 
visors, The  City  Council,  A  Town  Caucus  and  for  holding 
a  township  election ;  she  will  have  pupils  bring  to  class  for 
study  public  documents,  town  warrants,  reports  of  the  pro- 
ceedings of  supervisors  and  legal  forms  of  various  kinds. 
These  and  many  other  practices,  such  as  visiting  a  session  of 
the  district  court,  the  city  council  and  other  public  meetings 
make  the  study  concrete  and  of  immense  practical  value. 

Independence.  Iowa.  John  L.  Cherny. 


CONTENTS 
PART  I 

LOCAL  GOVERNMENT 
CHAPTER  PAGE 

I     The  Need  of  Government 1 

II     The  Land  Survey  System 2 

III  The  Civil  Township 12 

IV  Cities  and  Incorporated  Towns 23 

V  The  County 32 

VI     Taxation    50 

VII     Education    58 

PART  II 

STATE  GOVERNMENT 

I     Iowa    79 

II     State  Government 90 

III  Legislative  Department 106 

IV  The  Executive  Department 122 

V  The  Judicial  Department 145 

VI     State  Institutions 158 

VII     Miscellaneous   Matters 164 

PART  III 

THE  NATION 

I     Forms  of  Government 177 

II     Origin  of  United  States  Government 180 

III  Preamble    186 

IV  Legislative  Branch 189 


CONTENTS 

CHAPTER  I'AC.K 

V  Powers  of  Congress 217 

VI  Prohibitions   242 

\^II  The  Executive  Branch 249 

VIII  The  Judicial  Department 271 

IX  Relations  of  States 283 

X  Amendments  to  the  Constitution 290 

XI  Constitution,  General  Provisions 305 

APPENDIX 

I     Constitution  of  Iowa 309 

II     Constitution  of  the  United  States 342 


ILLUSTRATIONS 

Capitol  Des  Moines Frontispiece 

Rural  Schoolhouses 66 

East  High  School,  Des  Moines 67 

Old  Capitol,  Iowa  City 84 

State  University 85 

Iowa  State  College 164 

State  Teachers  College 16^ 

Capitol,  United  States 177 

White  House 260 

United  States  Treasury 261 


MAPS  OF  IOWA 

Counties  and  Representative  Districts 107 

Senatorial  Districts 1 10 

Judicial  Districts = 148 

Congressional    Districts - 172 


IOWA  AND  THE  NATION 

PART  I 


LOCAL  GOVERN xMENT 

CHAPTER  I 

THE  NEED   OF   GOVERNMENT 

The  Individual  and  Society.  Every  boy  thinks  that 
he  would  like  to  have  the  experience  of  Robinson  Crusoe 
and  live  on  an  island  all  by  himself,  but  it  is  safe  to  pre- 
sume that  he  would  soon  become  tired  of  such  a  lonely 
life,  and  would  desire  to  return  to  his  home  and  his  play- 
mates. On  his  island  he  would  miss  many  of  the  con- 
veniences of  his  home,  and  .he  would  be  compelled  to  do 
without  many  things  that  he  had  always  thought  necessary 
to  his  existence.  To  be  sure,  on  the  island  he  can  do  just 
as  he  pleases,  because  his  acts  will  not  interfere  with  any- 
one's rights  or  privileges,  but  his  desire  for  companionship 
is  stronger  than  liis  desire  to  do  as  he  i)leases  at  all 
times,  and  he  returns  home. 

Wherever  two  or  more  people  unite  for  any  purpose 
such  as  playing  a  game  of  ball,  digging  a  ditch  or  building 
a  house,  they  must  agree  to  follow  certain  rules  or  plans, 
and  in  most  cases,  one  of  the  number  must  act  as  the 
leader.  That  is,  the  little  group  is  organized  into  a  society. 
The  rules  by  which  they  are  governed  are  their  laws,  and 

1 


2  IOWA  AND  THE  NATION 

the  one  whom  they  select  for  leader  sees  that  all  ohey  the 
laws.  What  this  group  of  a  few  individuals  does  on  a  small 
scale  society  does  on  a  large  scale. 

Necessity  for  Cooperation.  Without  organization 
society  could  not  exist.  Did  you  ever  stop  to  consider  how 
dependent  the  people  of  the  village,  city  or  school  district 
in  which  you  live  are  upon  each  other?  What  would  you 
do  were  there  no  carpenters,  merchants,  shoemakers  or 
doctors  in  your  town?  or  what  would  all  these  people  do  if 
there  were  no  farmers?  Again,  suppose  all  the  railroads 
should  stop  running  trains.  Can  you  imagine  the  incon- 
veniences you  would  suffer? 

Thus  we  see  that  every  member  of  society  is  dependent 
upon  every  other  member.  Society  is  like  a  great  machine — 
if  one  part  is  out  of  order  every  part  suffers.  So  in  the 
world  about  us,  every  one  has  a  duty  to  perform  toward 
others.  If  every  one  were  to  follow  his  own  inclination  or 
liis  own  selfish  interest  what  disorder,  confusion  and 
anarchy  would  prevail!  If  every  one  were  free  to  follow 
his  own  desire  a  thousand  people  might  struggle  for  the 
possession  of  a  single  piece  of  land,  a  home,  or  some  other 
property  and  the  strongest  would  win.  No  one's  life  or 
property,  and  the  strongest  would  win.  No  one's  life  or 
could  be  free  to  go  about  his  work  unmolested.  Without 
cooperation  and  mutual  helpfulness,  without  the  sacrifice 
of  selfish  interests  for  the  benefit  of  all  citizens,  every 
community  would  be  in  a  constant  state  of  riot,  and  society, 
in  general,  would  be  a  mob. 

Necessity  for  Government.  As  we  look  about  us  we 
find  the  people  going  about  their  daily  tasks  in  an  orderly 
and  peaceful  manner,  each  following  his  own  occupation 
without  interfering  with  those  of  his  neighbors.  Moreover, 
we  find  communities  cooperating  with  each  other  in  much 
the  same  way  that  individuals  work  together  in  supplying 


THE  NEED  OF  GOVERNMENT  3 

each  ollier's  wants  in  a  single  community.  Great  railrcjads 
cross  the  continent  in  a  network  of  Hnes,  and  by  them 
milHons  of  people  far  from  farms  and  factories  are  sup- 
plied with  food  and  clothing ;  the  mails  deliver  his  daily 
paper  to  the  farmer  each  morning ;  the  telephone  has  become 
a  necessity  in  the  country  as  well  as  in  the  city,  and  the 
parcel  post  makes  it  possible  for  every  farmer  to  supply 
one  or  more  families  with  his  produce. 

All  this  is  possible  because  men  have  worked  out  a  great 
plan  or  scheme  of  cooperation.  We  call  this  plan,  govern- 
ment. In  other  words,  government  is  merely  a  plan  of 
securing  order  so  that  we  may  go  about  our  affairs  not 
only  without  interference,  but  with  convenience  and  com- 
fort. In  order  to  do  this  effectively  certain  laws  and  rules 
are  necessary,  and  it  should  be  the  highest  aim  of  every 
citizen  to  obey  these,  not  because  those  in  authority  say 
he  must,  but  because  good  order  and  community,  as  well 
as  individual,  welfare  are  impossible  without  such  obedience. 

Local,  State  and  National  Governments.  AA'henever  a 
group  of  people  cooperate  they  need  certain  rules,  differing 
according  to  the  object  sought.  Boys  need  rules  in  playing 
a  game  of  baseball;  automobile  drivers  need  another  set  of 
rules,  while  a  church  congregation  must  observe  a  still 
dift'erent  set.  So  the  people  living  in  a  community  need 
rules  pertaining  to  paving  streets,  building  sidewalks,  pro- 
viding schools,  caring  for  the  poor,  establishing  water 
works  and  street  lighting.  These  and  many  other  matters 
pertaining  to  towns,  cities,  townships  and  counties  con- 
cern the  people  directly,  and  the  regulation  of  them  is 
called  LOCAL  GO\T.RNAlENT.  There  are  a  great  many 
things,  however,  which  the  people  accomplish  to  better 
advantage  in  larger  groups.  People  of  one  community 
have  many  transactions  with  people  of  other  communities, 
and  so  we  must  have  rules  concerning  buying  and  selling 


4  IOWA  AND  THE  NATION 

property,  payment  of  debts,  regulation  of  marriages  anti 
thousands  of  other  affairs  regarding  persons  and  property, 
which  concern  the  people  alike  in  all  communities.  Control 
of  these  matters  is  called  STATE  GOVERNMENT.  Our 
country  is  made  up  of  forty-eight  states,  and,  if  there 
were  not  a  still  different  set  of  rules,  we  would  have 
a  great  deal  of  confusion.  We  would  have  forty-eight 
different  kinds  of  money,  forty-eight  post  office  systems 
with  as  many  different  kinds  of  stamps,  and  forty-eight 
diffei"ent  sets  of  regulations  for  railroads  and  interstate 
business.  Uniformity  in  such  matters  and  in  the  dealings 
of  our  country  with  foreign  nations  is  necessary,  and  so, 
for  this  purpose,  we  have  a  NATIONAL  GOVERNMENT. 
The  Study  of  Government.  When  boys  and  girls  play 
games  they  mu€t  be  willing  to  "  play  fair,"  and  in  order  to 
do  this  they  must  know  the  rules  of  the  game,  and  if  they 
are  to  be  patriotic  citizens  they  must  not  only  be  loyal  to 
the  government,  but  must  know  the  "rules."  These  "rules" 
are  the  constitutions  and  laws  which  give  us  the  form  of 
organization  of  our  local,  state  and  national  governments. 
We  shall  study  all  three  of  these  in  their  relation  to  us,  and 
shall  learn  how  to  cooperate  in  "  playing  the  game  "  of  citi- 
zenship. As  we  do  this,  we  shall  discover  how  these  three 
agencies  are  contributing  to  our  happiness  every  day  in  pro- 
viding for  our  health,  protecting  our  lives  and  property,  sur- 
rounding us  with  opportunities  for  education,  beautifying 
our  communities,  encouraging  our  business  enterprises,  pro- 
viding for  the  poor  and  unfortunate,  and  adding  to  our 
comfort  and  convenience  in  a  thousand  ways.  . 

QUESTIONS  AND  SUGGESTIONS 

1.  Why  may  not  every  pupil  do  as  he  pleases  in  school? 
What  is  the  relation  of  an  individual  to  society?  What  is 
cooperation? 


THE  NEED  OF  GOVERNMENT  5 

2.  Why  are  rules  necessary  in  playing  a  game?  Why  is 
government  necessary  ? 

3.  To  what  three  governments  are  we  responsible? 
Name  some  things  that  each  of  these  governments  provides 
for  us.  Why  do  we  have  local  boards  of  health,  state 
pure  food  laws  and  national  pure  food  laws? 

4.  Name  as  many  ways  as  you  can  by  which  govern- 
ments protect  our  lives  and  property. 

5.  What  duty  do  pupils  owe  to  their  school?  What 
duty    do    they    owe    the    community    which    provides    the 

school  ? 


CHAPTER  II 
THE  LAND  SURVEY  SYSTEM 

Congressional  Survey.  We  have  learned  that  one  of 
the  services  performed  by  government  is  to  protect  us  in 
the  right  to  hold  property.  If  you  own  some  land  and 
some  one  claims  that  it  belongs  to  him,  you  can  prove  that 
the  land  belongs  to  you  by  producing  your  deed.  This  deed 
will  show  that  the  land  came  into  your  possession  law- 
fully, and  it  will  describe  the  land  in  such  a  way  that  it 
cannot  possibly  be  mistaken  for  any  other  land  in  the 
country.  This  description  can  be  made  as  easily  and  in 
much  the  same  manner  as  you  would  explain  to  a  stranger 
which  seat  in  the  school  room  you  occupy.  You  might 
explain  that  you  sit  in  the  third  row  from  the  north  wall 
and  in  the  fourth  seat  from  the  front.  There  is  only  one 
seat  in  the  room  that  corresponds  to  this  description.  In 
1785  Congress  provided  a  system  of  surveys  for  locating 
land  which  is  similar  to  the  plan  of  locating  your  seat. 

This  system  is  known  as  the  Congressional  Survey.  By 
it  all  government  land  that  has  been  surveyed  is  divided 
into  plots  six  miles  square,  and  each  of  these  plots  is  again 
divided  and  subdivided.  The  lines  upon  which  these  large 
divisions  are  based  are  known  as  principal  meridians,  range 
lines,  base  lines  and  township  lines. 

Principal  Meridians  and  Base  Lines.  Before  com- 
mencing the  survey  proper,  it  is  necessary  to  establish  two 
main  lines,  one  extending  north  and  south  and  the  other 
east  and  west.     These  lines  are  purely  arbitrary  and  they 

6 


THE  LAND  SURVEY  SYSTEM  7 

are  located  without  special  reference  to  any  other  lines 
of  the  same  kind  that  may  have  been  surveyed  before. 
The  lines  extending  north  and  south  and   from  which  the 


B 


C 


I,      I,      I        1       (-         J       J      J      }       ,        J  J  Iv 

~~F —     I     4tti 

— — Mi^ 

T  n 


M  M 

Figure  1 

This  figure  shows  a  portion  of  a  principal  meridian,  a  portion  of 
a  base  line,  and  township  and  range  lines.  Correction  hnes  are 
marked  C  L. 


survey  is  made  are  called  principal  meridians,  and  those 
extending  east  and  west  are  called  base  lines.  The  principal 
meridians  are  numbered  westward  and  a  separate  base  line 
is  established  for  each. 

The  principal  meridians  and  base  lines  are  long  distances 
apart,  but  lines  parallel  with  the  meridians  and  base  lines 


8 


IOWA  AND  THE  NATION 


respectively  are  surveyed  six  miles  apart,  thus  dividing 
the  land  into  townships  six  miles  square.  The  lines  parallel 
with  the  base  lines  are  called  township  lines,  and  those 
parallel  with  the  principal  meridians  are  called  range  lines. 
Survey  in  Iowa.  The  fifth  principal  meridian  forms 
the  basis  of  the  United  States  land  survey  in  Iowa.  It 
extends  due  north  from  the  mouth  of  the  Arkansas  River, 


6 

5 

4 

3 

2 

1 

7 

8 

9 

10 

11 

12 

IS 

17 

16 

15 

14 

13 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

36 

Figure  2 
Figure  2  shows  how  a  township  is  divided  into  sections. 


crosses  Missouri  and  the  eastern  part  of  Iowa,  and  passes 
out  of  the  state  at  a  point  between  Clayton  and  Dubuque 
counties.  The  base  line  extends  due  west  from  the  mouth 
of  the  St.  Francis  River  in  Arkansas,  and  crosses  the 
principal  meridian  forty-eight  miles  north  of  its  starting 
point.  By  surveying  lines  six  miles  apart  parallel  with  the 
base  line,  and  others  the  same  distance  apart  parallel  with 
the  principal  meridian,  the  land  lying  north  and  west  of 
the  point  of  intersection  of  the  main  lines  is  divided  into 
blocks  six  miles  square.  Each  of  these  blocks  is  called  a 
congressional  township. 

Tozvnships  and  Ranges.     To  locate  land  by  this  system 


THE  LA XI)  SURVEY  SYSTEM  9 

of  surveys  two  sets  of  numbers  are  used,  one  designat- 
ing the  townships  north  of  the  base  hne,  and  the  other 
the  townships  west  of  the  fifth  jjrincipal  meridian.  Land 
may  also  be  surveyed  south  from  the  base  Hne  and  east 
from  the  principal  meridian.  For  convenience  the  tiers  of 
townships  east  or  west  of  the  principal  meridian  are  called 
ranges,  and  those  north  or  south  of  the  base  line  are  called 


H 

Vs 

M 

A 

* 

Figure  3 

Figure  3  shows  the  divisions  of  a  section.  Suppose  this  is  Section 
15  of  Township  5,  Range  3  west  of  the  5th  principal  meri(Han,  the 
description  of  these  subdivisions  will  be  as  follows : 

N.  14  of  Section  IS,  T.  5  N.,  R.  3  W.,  5th  P.  M. 

S.  W.  i^  of  S.  ^  of  Section  15,  T.  5  N.,  R.  3  W.,  5th  P.  M. 

S.  W.  />  of  S.  14  of  S.  W.  34  of  Section  15,  T.  5  N.,  R.  3  W., 
5th  P.  M. 

How  manv  acres  in  each  section? 


townships.      All   the   land    in    Iowa   is    surveyed    from   the 
fifth  principal  meridian. 

In  the  diagram  the  heavy  vertical  line  marked  P  A I  repre- 
sents a  part  of  the  principal  meridian.  It  is  crossed  at  right 
angles  by  a  heavy  line  marked  B  L  representing  a  part  of 
its  base  line.  The  light  vertical  lines  crossing  the  base  line 
and  parallel  to  the  principal  meridian  are  range  lines,  and 


10 


IOWA  AND  THE  NATION 


those  parallel  to  the  base  line  are  township  lines.  The 
squares  inclosed  represent  congressional  townships.  The 
townships  are  numbered  northward  and  southward  from  the 
base  line,  and  the  ranges,  eastward  and  westward  from  the 
principal  meridian. 

The     Congressional     Township.       The     congressional 
township  is  important  only  in  connection  with  our  system 


n t 


Figure  4 
Figure  4   shows   the   subdivisions   of   a   section   v/ithout  markings. 
You   should   describe   each   subdivision   according  to  the  plan  given 
under  Figure  3. 


of  locating  land.  It  is  a  tract  of  land  six  miles  square, 
divided  into  thirty-six  square  miles,  or  sections  which  are 
subdivided  into  half-sections,  quarter-sections,  etc.,  as  shown 
in  the  diagrams. 

Correction  Lines.  Owing  to  the  convergence  of  meri- 
dians in  passing  northward,  it  has  been  found  necessary  to 
establish  secondary  lines  parallel  with  the  base  line.  These 
are  called  correction  lines,  and  there  are  four  of  them  in 
Iowa.    They  are  the  northern  and  the  southern  boundaries 


TllK  LAND  SURVEY  SYSTI'.M  11 

of   the   state  and   the   northern    boundaries    of    townships 
seventy-eight  and  eighty-eight  north. 

QUESTIONS  AND  SUGGESTIONS 

1.  Give  the  location  by  township  and  range  of  the  city 
in  which  you  live,  or  of  the  farm  on  which  you  live.  Locate 
in  the  same  manner  two  other  towns  in  your  county. 

2.  Draw  a  map  of  your  county  indicating  all  the  con- 
gressional townships, 

3.  Locate  an  eighty-acre  farm  on  this  map,  and  write 
the  description  which  would  appear  in  the  deed  if  you 
were  to  sell  it. 

4.  Make  a  diagram  showing  why  correction  lines  are 
necessary. 

5.  Explain  or  show  by  diagram  the  exact  way  in 
which  sections  are  numbered. 

6.  What  is  meant  by  (a)  base  line,  (b)  principal 
meridian  ? 

7.  What  are  the  advantages  of  having  sections  laid  out 
in  the  form  of  squares?  Why  are  there  jogs  at  certain 
corners  in  country  roads?  Are  these  jogs  in  north  and 
south  roads  or  in  east  and  west  roads  ?    W' hy  ? 

8.  Draw  a  section  and  divide  it  into  as  many  regular 
forty-acre  tracts  as  possible,  and  write  the  description  of 
each. 


CHAPTER  III 

THE   CIVIL  TOWNSHIP 

Civil  Township.  We  have  learned  that  the  con- 
gressional township  is  merely  a  tract  of  land  six  miles 
square,  and  that  it  was  created  for  the  purpose  of  locating 
land.  The  civil  township,  on  the  other  hand,  is  the  unit  or 
hasis  in  local  government.  Every  county  is  divided  into 
several  civil  townships,  and  each  township  is  named. 

Township  names  were  given  by  the  early  settlers,  and 
often  in  honor  of  some  prominent  member  of  the  first  com- 
pany of  settlers  that  entered  the  township.  Many  counties 
in  Iowa  were  settled  about  the  time  the  Civil  War 
began,  and  in  those  counties  such  names  as  Lincoln,  Doug- 
las, Liberty  and  Union  are  common.  The  boundari-es  of  a 
civil  township  may  be  the  same  as  those  of  a  congressional 
township,  but  very  often  a  civil  township  is  formed  from 
parts  of  two  or  more  congressional  townships.  This  often 
occurs  when  the  congressional  township  is  divided  by  a 
river.  The  early  settlers  established  the  civil  townships  to 
suit  their  own  convenience,  and  in  some  counties  but  few 
of  them  have  the  same  boundaries  as  the  congressional 
townships. 

To  the  people  of  Iowa,  the  civil  township  is  a  very 
important  division.  Comparatively  few  state  and  county 
officers  are  needed,  but  there  is  scarcely  a  county  in  the  state 
that  does  not  have  at  least  400  officers  whose  duties  are 
confined  to  the  civil  township.  A  large  part  of  all  the 
money  raised  by  taxation  is  expended  in  the  township  under 
the  direction  of  its  civil  and  school  officers. 

12 


rill'   CIVIL  TOWNSHIP  13 

The  civil  township  is  nearly  a  pure  democracy,  that  is,  a 
government  carried  on  by  the  people  directly,  rather  than 
through  their  representatives.  It  is  in  the  township  that 
"a  government  of  the  people,  by  the  people,  and  for  the 
people"  exists  in  its  truest  sense.  It  is  here  that  the  people 
meet  at  stated  times  to  determine  how  their  local  govern- 
ment shall  be  carried  on. 

Activities  of  Township  Government.  The  activities  or 
functions  of  a  township  government  in  Iowa  include : 

1.  Holding  elections 

2.  Repairing  highways 

3.  Listing  property  for  taxation 

4.  Ecjualizing  taxes 

5.  Relief  of  the  poor 

6.  Caring  for  township  property 

7 .  Protection  of  public  health 

8.  Protection   of   persons   and   {property. 

Township  Officers.  The  officers  of  a  civil  townsliip 
are : 

3  trustees 

1  clerk 

1  assessor 

2  justices  of  tlie  peace 
2  constables 

These  officers  are  elected  by  the  people  and  serve  two 
years.  A  fine  of  five  dollars  is  imposed  upon  any  one  who, 
having  been  elected  to  a  township  office,  refuses  to  serve, 
but  no  one  can  be  compelled  to  serve  two  terms  in  succession. 

Township  Elections.  The  biennial  election  law  pro- 
vides that  all  general  elections  for  state,  district,  county 
and  township  officers  shall  be  held  throughout  the  state  on 
Tuesday  after  the  first  Monday  in  November  of  each  even- 


14  IOWA  AND  THE  NATION 

numbered  year.  The  trustees  decide  upon  the  place  of 
holding  the  township  election,  and  the  clerk  gives  public 
notice  of  the  time  and  place.  The  election  board,  composed 
of  the  trustees,  acting  as  judges,  and  two  clerks,  one  of 
whom  is  the  township  clerk,  conduct  the  election. 

It  is  their  duty  to  see  that  the  election  is  fairly  carried 
on,  and,  in  doing  so,  they  may  challenge  any  voter  for 
cause,  and  require  him  to  prove  that  he  is  qualified  to  vote. 

They  make  a  list  of  all  the  voters  in  the  township  and 
register  the  names  of  those  w^ho  cast  a  ballot.  At  the 
close  of  the  balloting  the  election  board  count  the  votes 
and  declare  which  township  officers  are  elected,  but  they 
report  the  result  of  the  vote  in  their  township  for  county, 
state  and  other  officers  to  the  county  supervisors. 

Contested  Elections.  If  the  defeated  candidate  has  good 
cause  to  believe  that  the  election  was  unfairly  conducted, 
he  may  contest  the  election  and  have  the  ballots  recounted. 
For  this  reason,  the  township  clerk  is  required  to  keep  the 
ballots  until  the  time  for  contesting  the  election  has  elapsed, 
after  which  he  sends  them  to  the  county  auditor. 

Trustees.  The  tow^nship  trustees  have  many  important 
duties  to  perform.  They  decide  upon  the  place  of  hold- 
ing elections,  equalize  taxes,  and  have  charge  of  all  ceme- 
teries not  controlled  by  other  trustees,  or  by  religious 
societies.  They  constitute  the  board  of  health  of  the  town- 
ship, act  as  fence  viewers,  overseers  of  the  poor,  and  judges 
of  election.  The  three  trustees  are  chosen  at  each  general 
election  for  a  term  of  two  years. 

The  regular  meetings  of  the  trustees  are  held  on  the 
first  Monday  in  February,  April  and  November  of  each 
year.  At  the  April  meeting  they  estimate  the  amount  of 
property  tax  to  be  used  in  improving  highways  and  pur- 
chasing plows,  scrapers,  and  material  for  building  and 
repairing  bridges.     With  the  exception  of  listing  property 


THE  CIVIL  TOWNSHIP  15 

for  taxation  they  have  charge  of  all  the  activities  of  the 
township  government". 

Public  Highzvays  and  Property.  The  trustees  have 
charge  of  all  the  puhlic  property  in  the  township.  They 
are  custodians  of  buildings  or  lands  belonging  to  the  town- 
ship, and  have  charge  of  cemeteries  which  are  not  under 
the  supervision  of  some  private  society.  There  is  a  grow- 
ing sentiment  in  favor  of  "  community  halls  "  where  the 
people  of  the  towr.ship  may  meet  for  social,  educational, 
cultural,  recreational  and  political  purposes.  Such  halls 
would  be  a  desirable  extension  of  public  activity  and  would 
do  much  to  make  rural  life  more  attractive,  not  only  to 
men  and  women,  but  to  the  thousands  of  boys  and  girls 
that  are  annually  drawn  to  the  cities  because  of  their 
cravings  for  just  such  opportunities.  In  some  states  such 
community  halls  are  part  of  the  public  property  of  the 
township,  and  there  is  no  doubt  that  this  movement  will 
spread  to  Iowa.  The  public  property,  however,  which  at 
present  demands  most  of  the  attention  is  the  township 
roads. 

According  to  the  present  plan,  work  on  the  township 
roads  is  under  the  authority  of  the  trustees,  but  they  appoint 
a  road  superintendent  or  contractor  to  direct  it.  All  able- 
bodied  male  residents  of  the  township,  between  the  ages  of 
21  and  45,  are  required  to  perform  two  days'  labor  of  eight 
hours  each  upon  the  highway  annually.  This  may  be  paid 
in  money  if  the  resident  prefers.  In  addition  to  this  road 
poll  tax,  the  township  trustees  are  required  to  levy  a  road 
tax  of  not  less  than  one  nor  more  than  four  mills  upon 
the  taxable  property  of  their  township  for  the  purpose  of 
improving  the  highway,  purchasing  plows,  scrapers,  and 
material  for  repairing  bridges.  The  Thirty-fourth  General 
Assembly  provided  that  an  additional  mill  shall  be  levied 
for    road-dragging    purposes,   and    that    the   trustees    shall 


16  IOWA  AND  THE  NATION 

divide  the  township  into  permanent  road-dragging 
districts,  appoint  a  superintendent  of  roads,  and  cause  all 
mail  routes  and  mail-traveled  roads  to  be  dragged  regu- 
larly. All  three  of  these  taxes  are  local,  that  is,  they 
are  borne  by  the  people  of  the  township.  Some  states  have 
adopted  a  system  of  using  state  funds,  known  as  "  state 
aid,"  to  assist  the  local  units  in  constructing  permanent 
roads. 

Importance  of  Good  Roads.  Whatever  the  plan  adopted 
by  the  state  for  maintaining  and  improving  the  highways, 
all  citizens  should  lend  their  influence  in  favor  of  good 
roads.  Progressive  farmers  have  discovered  that  bad  roads 
are  a  heavier  tax  upon  them  than  any  amount  of  money 
they  spend  in  permanent  road  improvement.  Bad  roads  are 
a  tax  upon  every  load  of  produce  hauled  to  market,  ten  miles 
of  good  roads  being  covered  in  less  time  and  with  less 
efifort  than  three  or  four  miles  of  poor  roads.  Good  roads 
make  better  business,  better  social  life,  better  schools,  bind 
rural  neighborhoods  more  closely  together,  increase  the 
value  of  farm  lands  and  are  a  mark  of  rural  progress. 

Relief  of  the  Poor.  The  trustees  of  each  township  are 
the  overseers  of  the  poor,  and  shall  provide  for  the  relief 
of  such  poor  as  should  not,  in  their  judgment,  be  sent 
to  the  county  poor  farm.  The  cost  of  providing  for  the 
poor  is  always  borne  by  the  county,  whether  they  are 
cared  for  at  the  county  poor  farm  or  are  supported  directly 
with  money,  food  or  clothing  in  their  homes.  The  poor 
are  provided  for  at  public  expense  only  when  their  near 
relatives  have  not  sufficient  means  to  support  them ;  and 
upon  failure  of  relatives  of  sufficient  wealth  to  provide  sup- 
port, the  trustees  may  apply  to  the  district  court  for  an 
order  to  compel  them  to  do  so. 

No  persons  who  have  served  in  the  army  or  navy  of  the 


THE  CIVIL  TOWNSHIP  17 

United  States,  or  their  widows  or  families,  requiring  public 
relief,  shall  be  sent  to  the  poor  house,  when  they  can, 
and  prefer,  to  be  relieved  to  the  extent  provided  by  public 
charity.  The  state  is  especially  charitable  to  the  soldiers 
or  sailors  who  have  served  in  the  army  or  navy  during 
any  war.  Any  such  person,  who  dies  without  sufficient 
means  to  defray  burial  expenses,  shall  be  buried  at  public 
expense,  and  shall  not  be  buried  in  that  part  of  a  ceme- 
tery that  is  used  exclusively  for  the  burial  of  paupers.  Any 
person  receiving  public  charity  must  first  gain  a  "  settle- 
ment," that  is,  he  must  have  lived  in  the  county  a  year.  A 
person  who  has  not  gained  a  settlement  is  provided  for  tem- 
porarily until  an  order  is  obtained  from  the  district  court 
to  return  him  to  the  county  or  state  from  which  he  came. 
Protection  of  Public  Health.  If  a  township  is  to  be  a 
safe  place  in  which  to  live,  there  must  be  provisions  made 
for  the  protection  of  (a)  health,  (b)  life,  (c)  property. 
Health  is  protected  by  proper  attention  to  sanitation  and 
to  the  prevention  and  spread  of  contagious  diseases.  The 
trustees  act  as  the  board  of  health  for  the  township,  and 
as  such  they  may  pass  regulations  concerning  nuisances 
which  are  injurious  to  the  health,  and  may  compel  the- 
removal  of  filth,  rubbish  or  other  insanitary  accumulations 
which  breed  disease  germs  or  otherwise  impair  the  health. 
They  may  check  the  spread  of  contagious  diseases  by  requir- 
ing persons  to  be  vaccinated  and  by  enforcing  quarantine 
regulations.  A  great  deal  has  been  accomplished  by  boards 
of  health,  but  public  health  can  be  best  promoted  by  the 
intelligent  help  of  private  citizens.  Sanitation  in  rural  dis- 
tricts is  largely  a  household  matter.  J\Iuch  can  be  done  in 
the  homes  in  the  disposal  of  garbage,  the  ventilation  of 
rooms,  and  in  cleaning  and  disinfecting  all  germ-breeding 
places.      Thousands    of   human    lives   have   been   saved    by 


18  IOWA  AND  THE  NATION 

careful  attention  to  sanitation.  Every  citizen  ought  to 
cooperate  loyally  with  the  board  of  health  and  with  every 
other  agency  in  the  fight  against  disease. 

Protection  of  Persons  and  Property.  Each  township 
elects  two  justices  of  the  peace  and  may  elect  two  constables 
to  preserve  the  peace,  and  protect  the  rights  of  person  and 
property  within  its  boundaries.  Justices  of  the  peace  may 
try  those  accused  of  minor  offenses,  and  civil  cases  in  which 
the  amount  involved  does  not  exceed  $100.  The  constables 
are  the  messengers  of  the  justice  of  the  peace,  and  may  be 
called  upon  to  serve  warrants  issued  by  him  and  to  summon 
witnesses.  Court  proceedings  are  described  in  Part  II, 
Chapter  V,  Judicial  Department. 

Clerk.  The  township  clerk  is  secretary  of  the  board  of 
trustees,  and  it  is  his  duty  to  keep  an  accurate  record  of  the 
business  done  at  all  meetings  of  the  board  of  trustees.  He 
acts  as  one  of  the  clerks  of  election,  has  charge  of  the 
property  of  the  township  and  receives  the  resignation  of 
township  officers.  He  is  empowered  to  administer  the  oath 
of  office  to  township  officers.  As  clerk  of  election,  it  is 
his  duty  to  preserve  all  the  ballots  cast  at  any  election, 
together  with  the  tally  list,  until  the  time  for  contesting  the 
election  of  any  officer  voted  for  has  passed. 

Election  Boards.  Election  boards  are  composed  of  three 
judges  and  two  clerks,  and  the  law  provides  that  a  division 
of  the  members  shall  be  so  made  that  at  least  two  political 
parties  shall  be  represented  on  the  board. 

Assessor.  The  township  assessor  is  required  to  make  a 
list  of  all  the  property  of  the  township,  both  personal  and 
real,  and  to  assess  its  value  for  the  purpose  of  taxation. 
The  assessor's  duties  are  fully  explained  in  Chapter  \^I, 
Taxation. 

Duties  of  Officers.  Most  of  the  duties  of  the  township 
officers  have  been  discussed  as  thev  actuallv  occur  in  the 


THE  CIVIL  TOWNSHIP  19 

activities  of  the  civil  townsliip  government.     A  summary 
of  their  principal  duties  is  given  helow  for  the  convenience 
of  the  student. 
Trustees: 

1.  Levy  taxes  for  township  purposes  and  equalize 
valuations. 

2.  Act  as  judges  of,  and  determine  place  of  holding 
elections. 

3.  Care  for  township  roads,  and  other  public  property. 

4.  Supervise  construction  of  fences,  and  assess  damages 
in  case  of  trespass  by  animals. 

5.  Appoint  superintendent  of  roads,  and  superintendent 
of  dragging,  and  fill  vacancies  in  township  ofiices. 

6.  Act  as  board  of  health. 

7.  Certify  to  county  auditor  list  of  persons  eligible  for 
jury  service. 

Clerk: 

1.  Attends  meetings  of  trustees  and  keeps  a  record 
of  their  proceedings  as  boards  of  trustees,  health,  elec- 
tion, etc. 

2.  Makes  a  list  of  men  who  are  to  pay  or  work  a  road 
poll  tax. 

3.  Is  one  of  the  clerks  of  election. 

4.  Acts  as  treasurer  for  the  township. 

5.  Administers  the  oath  of  oftice  to  township  officers. 
Assessor: 

1.  Estimates  the  value  of  all  taxable  property  in  the 
township. 

2.  Makes  list  of  men  between  the  ages  of  18  and  45  who 
are  subject  to  military  duty. 

3.  Takes  the  census,  that  is,  makes  a  list  of  all  the 
inhabitants  of  the  township  in  years  ending  in  five. 

4.  Makes  list  of  voters,  and  gives  copy  of  same  to  the 
clerk. 


20  IOWA  AND  THE  NATION 

Constable: 

1.  Keeps  the  peace  and  quells  disturbances. 

2.  Acts  as  executive  officer  of  justice  of  the  peace 
courts. 

3.  ]Makes  arrests  as  police  officers  in  any  part  of  the 
county. 

4.  Serves  warrants,  notices  and  all  other  legal  papers 
if  ordered  by  trustees,  clerk,  justices  of  the  peace  or  county 
court. 

Justices  of  the  Peace: 

1.  May  perform  marriage  ceremonies. 

2.  Hold  court  for  minor  civil  and  criminal  cases. 

3.  Hold  preliminary  trials  in  more  serious  cases,  and 
bind  accused  persons  over  to  await  the  action  of  the  grand 
jury. 

4.  May  acknowledge  deeds  and  mortgages. 

5.  May  hold  inquests  over  bodies  of  persons  who  are 
supposed  to  have  met  death  by  unlawful  means. 

QUESTIONS  AND  SUGGESTIONS 

1.  Xame  the  civil  townships  in  your  county. 

2.  Explain  the  difiference  between  the  congressional 
and  the  civil  township. 

3.  What  questions  do  you  think  an  assessor  asks  when 
performing  his  duties?  How  are  people  required  to  assist 
the  assessor? 

4.  Is  the  civil  township  a  good  example  of  a  pure 
democracy  ? 

5.  What  is  the  purpose  of  "  reviewing  values  "  ?  Explain 
just  what  you  would  do  if  you  thought  your  property  to  be 
assessed  too  high. 


THE  CIVIL  TOWNSHIP  21 

6.  What  is  meant  by  general  election?  When  is  it  held? 
Who  specify  the  voting  places  in  townships?  Trace  each 
step  showing  just  how  a  township  election  is  conducted. 

7.  What  provisions  are  made  for  pul)lic  charily  in  tlie 
township?  What  classes  of  people  are  especially  provided 
for?    Why? 

8.  In  what  ways  is  public  health  safeguarded?  How 
may  citizens  cooperate  in  the  interests  of  health? 

9.  What  might  be  done  by  the  trustees  to  make  a  town- 
ship a  more  attractive  place  in  which  to  live? 

10.  What  can  be  done  by  rural  clubs  of  various  kinds  to 
improve   rural   social   conditions? 

11.  Of  what  value  are  boys'  and  girls'  clubs?  \Miat 
training  would  come  from  organizing  such  clul)s  and 
adopting  constitutions   for  their  government? 

12.  Are  there  good  roads  in  your  township?  Wdiat  can 
l)e  done  to  improve  them  ? 

13.  \\'hat  are  the  advantages  of  living  in  the  country? 
What  are  the  disadvantages  ?     May  these  be  overcome  ? 

14.  Secure  as  much  information  as  possible  concerning 
the  "  Country  Life  Movement,"  and  discuss  it  in  class  or 
v/rite  an  essay  on  the  subject  for  your  composition  class. 

15.  In  what  phases  of  rural  life  is  there  need  for  more 
cooperation?  In  what  phases  has  voluntary  cooperation 
already  brought  improvement? 

16.  What  changes  in  rural  life  have  been  brouglit  about 
by  each  of  the  following :  telephones,  free  mail  delivery, 
machinery,  steam  and  electric  railroads  ?  Have  they 
increased  the  intelligence  of  the  farmer?  Have  they  brought 
him  into  closer  contact  with  other  people  and  made  him  more 
like  them? 


22 


IOWA  AND  THE  NATION 


17.  To  what  extent  is  the  city  dependent  upon  the  coun- 
try? Why  are  so  many  city  boys  studying  scientific  agri- 
culture in  colleges? 

18.  Make  out  an  outline  in  your  note  book  similar  to 
the  one  below,  but  on  a  larger  scale,  and  fill  all  the  blanks. 


OUTLINE   FOR   REVIEW   OF    CIVIL   TOWNSHIP 
Town    of ,    19. 


OFFICERS 

PRESENT 
INCUMBENT 

HOW   CHOSEN 

WHEN 
CHOSEN 

DUTIES 

Trustees 

Clerk 

Assessor 

Justices   of 
Peace 

Constables 

Road  Super- 
intendent 

CHAPTER  IV 
CITIES  AND  INCORPORATED  TOWNS 

Municipalities,  \\'e  have  seen  that  the  civil  townsliip 
has  hut  few  powers,  and  that  its  activities  are  simple. 
This  is  because  the  needs  of  a  rural  community  are  few. 
However,  when  a  large  number  of  people  have  settled  un 
a  small  area,  as  in  Des  Aloines  and  Davenport,  or  in  New 
York,  Chicago  and  Boston,  they  need  many  things  that 
a  rural  community  never  requires.  Chief  among  these 
needs  are  an  abundant  supply  of  pure  water,  a  sewage 
system,  a  system  of  street  lighting,  hre  protection,  regula- 
tion of  traffic  on  the  main-traveled  streets,  health  regula- 
tions not  necessary  in  the  country,  pubhc  parks  and  play- 
grounds and  police  protection. 

Moreover,  the  problem  of  caring  for  a  large  number 
of  people  residing  in  cities  is  much  more  difficult  than  that 
of  caring  for  a  rural  community ;  it  is  therefore  necessary 
that  cities  and  large  towns  have  a  government  possessing 
greater  power  than  that  of  the  township.  In  order  to 
supply  this  need  the  General  Assembly  of  Iowa  has 
enacted  laws  under  which  these  large  communities  may 
organize  and  adopt  a  government  suited  to  their  needs. 
Such  organized  communities  are  generallv  known  as 
municipalities. 

Incorporation  of  Municipalities.  Whenever  a  com- 
numity  not  already  within  the  limits  of  a  municipality 
desires  to  adopt  a  city  form  of  government  it  must  become 
incorporated,  which  is  done  in  the  following  manner : 

23 


24  IOWA  AND  THE  NATION 

The  community  desiring  to  be  incorporated  must  present 
a  petition  to  the  district  court  signed  by  not  less  than  25 
voters  residing  within  the  limits  of  the  community.  The 
judge  of  this  court  then  appoints  five  commissioners  who 
arrange  for  and  give  notice  of  an  election  which  they  con- 
duct within  the  limits  of  the  proposed  city  or  town.  If  a 
majority  of  the  qualified  voters  favor  incorporation  the 
court  directs  the  same  commissioners  to  hold  another  elec- 
tion for  choosing  a  council,  a  mayor,  a  clerk  and  a  treasurer. 

Classification  of  Cities.  In  Iowa  there  are  three 
classes  of  municipalities. 

Cities  of  the  first  class  contain  at  least  15,000  inhabi- 
tants, and  those  of  the  second  class,  from  2,000  to  15,000 
inhabitants.  ^Municipal  governments  of  less  than  2,000 
inhabitants  are  called  incorporated  towns. 

Each  city  or  town  contains  as  much  territory  as  the 
inhabitants  think  necessary,  and  additions  are  frequently 
made  to  the  original  plats.  This  territory  is  separated  into 
blocks  which  are  divided  into  lots  for  convenience  of  own- 
ership. For  governmental  purposes,  cities  are  divided  into 
wards,  and  each  ward  chooses  its  own  members  of  the 
city  council. 

Officers.  Officers  in  municipalities  secure  their  office 
in  one  of  three  ways:  (1)  by  general  election  of  the  people; 
(2)  appointment  by  the  mayor;  (3)  appointment  by  the 
council  or  by  the  Board  of  Public  Welfare.  In  incorpo- 
rated towns  a  mayor,  a  treasurer,  an  assessor  and  five 
councilmen  at  large  are  chosen  by  the  first  method.  A 
marshal  and  street  commission  are  appointed  by  the  mayor, 
and  a  clerk  is  appointed  by  the  council. 

In  cities  of  the  second  class  a  mayor,  a  treasurer,  an 
assessor,  one  councilman  from  each  ward  and  two  elected 
at  large  are  chosen  at  a  general  election.  A  health  physi- 
cian, a  marshal,  a  street  commissioner  and,  if  directed  to  do 


CITIES  AND  INCORPORATED  TOWNS  25 


so  by  the  council,  policemen  and  other  officers,  are  appointed 
by  the  mayor.  A  clerk  in  all  cities  of  the  second  class  and 
a  solicitor  in  those  of  4,000  or  less  population  are  appointed 
by  the  council. 

In  cities  of  the  lirst  class  a  mayor,  solicitor,  auditor, 
treasurer,  city  engineer,  assessor,  police  judge,  if  there  is 
no  police  court,  and  one  councilman  from  each  ward  and 
two  elected  at  large  are  chosen  by  the  first  method.  The 
mayor  appoints  a  health  physician,  a  street  commissioner, 
policemen  and  a  marshal  who  acts  as  chief  of  police.  In 
cities  of  20,000  or  more  people,  having  a  board  of  ])olice 
and  fire  commission,  policemen  are  appointed  as  provided 
in  the  act  creating  the  board,  and  in  cities  having  a  board 
of  public  works,  such  board  appoints  the  street  commis- 
sioner and  may  appoint,  or  direct  the  mayor  to  appoint, 
such  other  officers  as  may  be  necessary. 

Elections  and  Term  of  Office.  Elections  in  towns  and  in 
cities  of  both  the  first  and  second  class  are  held  on  the 
last  Monday  in  March  in  the  odd-numbered  years,  and  all 
city  officers  except  the  assessor  begin  the  discharge  of 
their  duties  on  the  first  Monday  in  April.  The  term  of 
assessor  begins  on  the  first  day  of  January  following  his 
election.  The  term  of  office  of  elective  officers  is  two 
years.  Officers  appointed  by  the  council  at  the  April  meet- 
ing following  the  biennial  election,  serve  for  two  years,  and 
officers  appointed  by  the  mayor  are  responsible  to  him  and 
serve  during  his  pleasure. 

Mayor.  The  mayor  is  the  presiding  officer  of  the  council 
ex-officio,  but  he  is  not  a  member  of  that  body.  He  pre- 
sides at  the  meetings  of  the  council,  holds  court  for  the 
trial  of  ofi^enders  against  the  ordinances  of  the  city,  and 
sees  that  all  orders  of  the  council  are  properly  enforced. 
He  has  the  same  general  powers  as  a  justice  of  the  peace. 

Council.    The  city  council  has  power  to  adopt  ordinances 


26  IOWA  AND  THE  NATION 

for  the  government  of  the  city.  The  general  law  of  the 
state  confers  on  city  councils  the  right  to  legislate  in  a 
prescribed  manner,  and  all  such  acts,  properly  adopted, 
have  the  same  force  and  effect  as  laws  passed  by  the  General 
Assembly.  The  ordinances  passed  by  any  city  council  apply 
only  to  that  city.  The  city  council  acts  as  a  board  of  review 
of  the  assessment  of  property,  in  the  same  manner  as  does 
the  board  of  trustees  in  the  civil  township. 

To  the  city  council  belongs  the  power  to  appoint  mem- 
bers of  the  police  force  and  night  watch.  It  may  also 
provide  for  a  fire  department  and  make  regulations  for 
governing  the  same.  The  council  also  acts  as  the  board 
of  health. 

Marshal.  The  duties  of  the  marshal  correspond  to  those 
of  constable.  He  attends  the  courts  of  the  mayor  and  police 
judge,  and  is,  in  fact,  next  to  the  mayor,  the  chief  executive 
ofificer  of  the  city.  Many  important  duties  devolve  upon 
this  officer  in  preserving  the  peace  and  maintaining  order. 
He  may  appoint  deputies  to  aid  him  in  the  discharge  of  his 
duties,  but  he  is  responsible  for  their  acts. 

Treasurer.  The  treasurer  receives  all  money  belonging 
to  the  city,  and  pays  it  out  as  ordered  by  the  city  council,  by 
whom  his  bond  is  fixed. 

Auditor.  The  auditor  has  charge  of  the  financial  affairs 
of  the  city,  and  issues  all  warrants  upon  the  treasury  when 
ordered  to  do  so  by  the  council.  His  duties  are  numerous 
and  important. 

Attorney.  The  city  solicitor,  or  attorney,  is  a  lawyer, 
elected  to  represent  the  city  in  all  matters  of  a  legal  nature. 
He  is  required  to  furnish  an  opinion  on  any  matter  of  law 
relating  to  the  government  of  the  city,  when  requested  to 
do  so  by  any  officer.  His  relations  to  the  officers  of  the 
city  are  the  same  as  those  of  the  attorney-general  to  state 
officers,  or  of  the  county  attorney  to  officers  of  the  county. 


CITIES  AND  INCORPORATED  TOWNS  27 

Police  Court.  The  police  judge  has  jurisdiction  of  all 
offenses  against  any  ordinance  of  the  city  in  which  he 
serves.  In  criminal  matters,  his  powers  are  coordinate 
with  those  of  justice  of  the  peace,  and  he  is  entitled  to  the 
same  fees  as  that  officer.  He  may  also  take  acknowledg- 
ments of  signatures  to  deeds,  mortgages  and  other  papers. 
His  court,  which  is  open  at  all  times  for  the  transaction 
of  business,  is  a  court,  of  record.  The  clerk  of  this  court 
is  chosen  by  the  qualified  electors  of  the  city  or  appointed 
by  the  police  judge,  as  the  council  may  direct.  In  case  of 
vacancy  in  the  office  of  police  judge,  the  duties  of  that 
officer  devolve  upon  the  mayor.  For  the  prosecution  of 
any  person  for  violating  an  ordinance  of  the  city,  the  police 
judge,  or  mayor,  is  entitled  to  such  compensation  as  the  city 
council  may  allow. 

Superintendent  of  the  Market.  The  superintendent  of 
the  market  acts  as  overseer  of  all  places  provided  by  the 
city  for  the  sale  of  fresh  meats,  vegetables,  and  other 
articles  of  a  perishable  nature  usually  offered  for  sale  in  a 
public  market. 

Ciz'il  Engineer.  The  civil  engineer  performs  such  duties 
belonging  to  his  profession  as  may  be  required  by  the  city 
council. 

Compensation.  The  compensation  of  city  officers  is  fixed 
by  ordinances  of  the  city  council,  or  by  fees  as  prescribed 
by  law.  Each  member  of  the  council  receives  as  full  com- 
pensation for  his  services  an  amount  fixed  by  the  council 
not  to  exceed  $250  a  year. 

Commission  Form.  Cities  having  more  than  2,000 
inhabitants  may  now  be  governed  by  a  commission  of  either 
three  or  five  members,  the  number  of  members  depending 
upon  the  population.  As  this  plan  of  government  for  cities 
is  a  very  important  one.  it  should  be  studied  in  detail  by 
reference   to   the   code  of    Iowa    and    the   session    laws   of 


28  IOWA  AND  THE  NATION 

1909.  Cities  having  a  population  of  not  less  than  7,000 
nor  more  than  25,000  are  governed  by  a  mayor  and  two 
councilmen  and  cities  with  a  population  of  25,000  or  more 
have  a  mayor  and  four  councilmen.  All  elections  of  these 
officers  are  non-partisan.  The  term  of  office  is  two  years  in 
all  commission  cities. 

Under  this  plan  of  government  it  is  believed  that 
responsibility  can  be  more  definitely  centered.  All  the 
affairs  of  the  city  are  divided  into  five  departments — Public 
Affairs,  Accounts  and  Finance,  Public  Safety,  Street  and 
Public  Improvements,  Parks  and  Public  Property.  The 
mayor  is  specifically  responsible  for  the  first  department, 
and  each  of  the  other  departments  is  in  charge  of  one  of 
the  councilmen  who  is  definitely  accountable  for  any  mis- 
government  in  that  department.  In  commission  cities  having 
only  two  councilmen,  each  has  charge  of  two  of  the  depart- 
ments. The  efficiency  of  each  department  depends  to  a 
great  extent  upon  qualifications  of  the  subordinate  officers 
such  as  chief  of  police,  city  clerk,  city  engineer,  city  treas- 
urer, etc.,  and  it  is  argued  that  experts  for  these  positions 
can  be  more  carefully  selected  by  a  commission  than  by  the 
people  generally.  Unlike  councilmen  in  the  ordinary  form 
of  city  government,  the  commissioners  are  expected  to  devote 
their  entire  time  to  their  duties  and  are  paid  salaries  suffi- 
ciently large  to  attract  men  who  are  qualified  to  administer 
the  affairs  of  the  city  as  experts. 

In  order  to  adopt  this  form  of  government  a  petition 
must  be  presented  to  the  mayor,  who  is  then  required  to 
call  an  election  for  the  purpose  of  voting  upon  the  proposi- 
tion. A  number  of  the  leading  cities  of  the  state  have 
adopted  the  commission  form  of  government. 

The  City  Manager  Plan.  The  city  manager  plan  of 
government,  like  the  commission  plan,  came  in  response  to 
a  demand  of  the  people  for  more  efficient  city  government. 


CITIES  AND  INCORPORATED  TOWNS  29 

Cities  all  over  the  country  were  being  misgoverned  and 
the  affairs  were  often  administered  by  dishonest  and  cor- 
rupt politicians.  The  mayor  and  councilmen  of  many  large 
cities  filled  the  thousands  of  city  offices  and  minor  positions 
with  incompetent  men  simply  because  these  men  had  voted 
for  the  mayor  and  councilmen,  or  were  able  to  induce 
others  to  do  so.  The  city  with  its  many  employees  is  really 
a  great  business  enterprise,  and  when  this  business  is  car- 
ried on  by  incompetent  workers  it  results  in  a  waste  of 
public  money.  For  this  reason,  the  people  in  some  of  our 
cities  have  come  to  the  conclusion  that  city  government 
ought  to  be  conducted  in  the  same  manner  as  a  private 
business  organization. 

In  carrying  out  this  plan  the  people  elect  a  board  of 
directors  whose  principal  duty  is  to  select  a  highly  compe- 
tent business  manager  to  handle  all  the  affairs  of  the  city. 
He  hires  all  his  assistants  just  as  he  would  in  his  own 
private  business,  plans  all  city  improvements,  and  contracts 
to  have  them  carried  out  in  the  most  economical  manner. 
He  is  given  full  power  to  conduct  the  affairs  of  the  city  in 
a  clean,  honest  and  efficient  manner.  If  he  fails,  he  is  held 
personally  responsible.  It  is  not  possible  for  him  to  shift 
responsibility  to  any  one  else,  a  practice  common  in  a 
corrupt  political  "  ring,"  and,  for  that  reason,  he  will 
make  every  possible  effort  to  give  the  city  a  successful 
administration.  Wherever  this  plan  has  been  adopted  it  has 
proved  very  satisfactory.  The  Thirty-sixth  General 
Assembly  (1915)  passed  an  act  which  will  enable  other 
cities  throughout  the  state  to  adopt  this  plan  of  government. 

Special  Charter  Plan.  Many  of  the  older  cities  of  the 
state  were  organized  before  the  present  law  for  the  incor- 
poration of  cities  and  towns  was  enacted.  The  government 
of  these  cities  differs  somewhat  from  that  of  cities  authorized 
by  the  general  law  of  the  state.     Such  cities  are  said  to  be 


30  IOWA  AND  THE  NATION 

governed  by  special  charter.  Many  laws  for  the  government 
of  other  cities  have  been  made  to  apply  to  cities  organized 
under  special  charter.  Cedar  Rapids,  Dubuque,  Glenwood, 
Keokuk  and  Winterset  have  special  charters. 


QUESTIONS  AND  SUGGESTIONS 

1.  How  may  a  village  become  an  incorporated  town? 

2.  What  officers  have  power  to  provide  for  lighting, 
cleaning  and  paving  streets  ? 

3.  If  you  were  a  member  of  a  city  council  which  of 
the  following  licenses  would  you  vote  to  grant :  saloon, 
circus,  auctioneer,  billiard  hall,  street  fair,  peddler,  fortune 
teller?    Why? 

4.  Name  some  ways  in  which  a  council  provides  for 
the  morals,  health,  safety,  convenience,  beauty  and  pros- 
perity of  a  community. 

5.  What  are  the  advantages  and  disadvantages  of  the 
commission   form  of  government? 

6.  Distinguish  between  special  charter  cities  and  other 
cities.     Name  the  former. 

7.  What  are  the  duties  of  the  mayor?  What  qualifica- 
tions would  you  look  for  in  a  man  for  this  office  if  you  were 
to  vote  for  him  ? 

8.  Do  you  think  a  commercial  club  is  an  advantage  to  a 
community  ?     Why  ? 

9.  What  advantage  is  a  civic  improvement  league  to 
a  community? 

10.  In  what  ways  may  every  citizen  help  to  improve 
the  community  in  which  he  lives? 

11.  Question    suggested    for    class    debate:      Resolved, 


CITIES  AND  INCORPORATED  TOWNS 


31 


that  all  Iowa  towns  having  hetween  2,000  and  20,000  inhabi- 
tants should  adopt  the  city  manager  plan  of  government. 

12.  Make  an  otitline  in  your  note  book  similar  to  the 
one  below,  adapting  it  to  a  second  class  city  or  incorporated 
towii. 


TOWN  AND 

CITY 

OFFICERS 

PRESENT 
INCUMBENT 

HOW 
ELECTED 

WHEN 
ELECTED 

DUTIES 

Mayor 

— 

Council 

Marshal 

Assessor 

Treasurer 

Auditor 

Solicitor 

City  Engi- 
neer 

Police  Judge 

Supt.  of 
Market 

Bd.  of  Pub- 
lic   Works 

Judge   of 
Superior 
Court 

Health 
Physician 

CHAPTER  V 

THE  COUNTY 

Why  Necessary.  We  have  learned  that  the  township 
possesses  but  few  powers  and  that  the  government  of  cities 
is  confined  by  law  to  the  exercise  of  those  functions  per- 
taining strictly  to  their  own  affairs.  Between  these  local 
units  of  government  and  the  great  unit  called  the  state, 
another  unit,  intermediate  in  its  size  and  functions,  is 
required  to  provide  for  the  supervision  of  interests  which 
are  common  to  larger  communities  and  which  can  be  man- 
aged more  economically  by  the  combination  of  several 
adjoining  towns  into  a  body  corporate.  The  coimty  is  such 
a  body  corporate,  and  it  is  a  very  important  unit  of 
government. 

All  laws  for  the  government  of  counties  are  enacted  by 
the  General  Assembly,  and  must  be  uniform  throughout 
the  state.  These  laws  specify  the  number  of  county  officers 
and  the  duties  of  each  and  in  some  instances  fix  their 
salary. 

Suggestion.  It  is  recommended  that  a  careful  study  of 
county  government  be  made  by  all  pupils  as  a  preparation 
for  a  clear  understanding  of  state  and  national  government. 
It  is  also  suggested  that  pupils  be  required  to  examine  and 
discuss  the  published  proceedings  of  the  board  of  super- 
visors as  they  appear  in  the  county  papers  after  each  regu- 
lar session  of  the  board.  In  this  way  an  interest  in  public 
affairs  will  be  aroused,  and  the  study  of  civil  government 
be  made  more  practical, 

32 


THE  COUNTY  33 

Number  and  Boundaries.  luwa,  with  an  area  of  56,025 
square  miles,  is  separated  into  99  counties.  When  the  state 
was  admitted  into  the  Union  in  1(S46,  there  were  only  17 
organized  counties,  but  before  many  years  had  elapsed, 
the  entire  area  of  the  state  was  included  in  the  counties  as 
they  now  exist.  In  most  counties  the  boundaries  conform 
to  the  range  and  township  lines,  as  established  by  govern- 
ment survey.  Owing  to  the  irregular  course  of  the  rivers, 
the  counties  along  the  eastern  and  western  boundaries  of 
the  state  vary  from  the  prevailing  rectangular  form. 

County  Names.  The  study  of  county  names  is  full  of 
interest.  Eleven  of  the  counties,  Washington,  Adams, 
JefTerson,  Madison,  Monroe,  Jackson,  \'an  lUiren,  Harrison, 
Polk,  Taylor  and  Ikichanan,  were  named  for  presidents,  an  1 
Johnson  county  for  Richard  M.  Johnson,  vice-presiden'. 
of  the  United  States  with  Van  Buren.  Audubon,  Benton, 
Calhoun,  Carroll,  Clay,  Clinton,  Decatur,  Fremont,  Hum- 
boldt, Jasper,  Kossuth,  Marion,  Marshall,  Scott,  Story, 
Warren,  Wayne  and  Webster  commemorate  names  that  are 
historic.  Several  county  names  were  conferred  'v^  honor 
of  noted  Indians  or  Indian  tribes.  Among  these  are, 
Allamakee,  for  Allan  ]\Iakee,  a  noted  Indian  trader;  Black 
Hawk,  Cherokee,  Chickasaw,  Iowa,  Mahaska,  Pocahontas, 
Pottawattamie,  Poweshiek,  Sac,  Sioux,  Tama,  Winne- 
bago and  Winneshiek  for  the  most  celebrated  Indians. 
Cerro  Gordo,  Buena  A'ista  and  Palo  Alto  were  named  to 
commemorate  three  famous  battles  of  the  Mexican  W'ar. 
The  origin  of  all  the  otlier  county  names  may  be  easily 
found  by  a  little  research  on  the  part  of  pupils,  and  many 
valuable  lessons  in  biography  may  be  based  upon  these 
names. 

County  Seat.  In  each  county,  the  people  have  selected 
a  place  at  which  the  principal  business  of  the  county  is 
transacted.     This  place  is  known  as  the  county  seat,  an<l  it 


34  IOWA  AND  THE  NATION 

is  generally  near  the  center  of  the  county.  The  offices  of 
the  county  are  usually  kept  at  this  place  in  a  building  called 
the  courthouse. 

Officers.  The  officers  of  a  county  are  a  board  of 
supervisors,  an  auditor,  treasurer,  clerk  of  the  district 
court,  sherifif,  recorder,  superintendent  of  schools,  coroner, 
engineer  and  attorney.  The  auditor,  treasurer,  clerk  and 
sheriff  are  each  allowed  a  deputy  in  most  counties. 

Election.  County  officers,  except  the  engineer  and  super- 
intendent of  schools,  are  chosen  by  the  qualified  voters  of 
the  county  at  the  general  election  on  the  first  Tuesday  after 
the  first  3^Ionday  of  November  of  each  even-numbered 
year,  for  a  term  of  two  years,  except  that  the  term  of  the 
supervisors  is  three  years.  The  engineer  is  appointed  by 
the  board  of  supervisors.  The  superintendent  is  chosen  on 
the  first  Tuesday  in  April  every  third  year,  beginning  1915, 
by  a  county  board  consisting  of  the  president  of  each  school 
township,  consolidated  independent,  and  city  independent 
school  district  together  with  a  representative  from  each 
township  composed  in  whole  or  in  part  of  rural  independent 
districts,  chosen  by  the  presidents  of  such  districts.  He 
assumes  the  duties  of  his  office  on  the  first  secular  day  in 
September  following  his  election.  His  duties  are  explained 
in  Chapter  \"n.  Education. 

Board  of  Supervisors.  The  Board  of  Supervisors 
consists  of  three,  five,  or  seven  members,  as  the  people 
of  each  county  determine.  Their  term  of  office  is  three 
years,  and  one-third  of  the  number,  as  nearly  as  may  be, 
are  chosen  at  each  general  election.  The  only  qualification 
required  of  members  of  this  board  is  that  they  must  be 
qualified  voters  of  the  county  in  which  they  are  chosen, 
and  no  two  members  can  be  elected  from  the  same 
township. 

Supervisors   may   be   chosen    from   the   county   at   large, 


THE  COUNTY  35 

or  the  county  may  be  separated  into  supervisor  districts  by 
the  board,  each  district  choosing  one  supervisor.  The  board 
cannot  redistrict  the  county  oftener  than  once  in  two  years. 

Meetings.  Regular  meetings  of  the  board  are  held  on  the 
second  secular  day  of  January,  and  the  first  Monday  in 
April,  June,  September  and  November  of  each  year.  At 
the  first  meeting  in  each  year,  one  of  the  members  is  chosen 
chairman,  and  it  is  his  duty  to  preside  at  all  the  meetings 
of  the  board  during  that  year. 

Pozvcrs  and  Duties.  The  board  of  supervisors  manage 
the  affairs  of  the  county.  Within  the  limits  fixed  by  the 
General  Assembly,  they  may  make  rules  and  regulations  for 
conducting  the  business  of  the  county,  and  see  that  these 
rules  are  enforced.  They  may  make  appropriations  for 
county  purposes,  and  must  see  that  the  money  is  properly 
spent.  They  also  have  general  supervision  over  all  other 
county  officers,  and  they  must  require  these  officers  to  make 
reports  to  them  which  must  be  given  under  oath,  and  to 
give  bonds  for  the  faithful  performance  of  their  duties. 
In  case  of  the  failure  of  any  county  officer  to  make  reports 
as  required  by  law,  the  board  of  supervisors  may  remove 
such  officer  by  a  majority  vote  and  fill  the  vacancy  thus 
created  until  the  next  election.  The  boards  of  supervisors 
have  power  to  change  the  boundaries  of  townships  and  to 
organize  and  name  new  townships.  They  also  have  power 
to  organize  and  maintain  drainage  districts,  and  to  purchase 
sites  for  county  fairs. 

Among  their  other  important  duties  are  the  following: 

To  examine  all  bills  against  the  coimty  and  approve  the 
same  if  found  correct. 

To  order  the  payment  of  all  just  claims,  unless  some 
other  method  of  payment  is  provided  by  law. 

To  care  for  the  poor,  including  the  management  of  the 
county  poor  farm. 


Ze  IOWA  AND  THE  NATION 

To. look  after  all  property  belonging  to  the  county,  with 
special  attention  to  the  courthouse  and  jail. 

To  determine  the  amount  of  taxes  necessary  and  fix  the 
levy. 

To  provide  for  the  construction  of  bridges  which  cannot 
be  constructed  by  road  districts  for  lack  of  funds. 
To  act  as  commissioners  of  highways. 
To  have  general  control  of  the  permanent  school   fund 
apportioned  to  the  county. 
To  locate  polling  places. 

Penalty.  If  any  supervisor  neglects  or  refuses  to  per- 
form any  of  the  duties  devolving  upon  him  as  a  member 
of  the  board,  without  just  cause,  he  is  liable  to  a  fine 
of  $100  for  each  ofifense. 

Compensation.     The  members  of  the  board  of  supervisors 
receive  four  dollars  per  day  for  each  day  actually  spent  in 
session,  and  in  committee  service,  and  mileage  at  the  rate  of 
five  cents  per  mile  in  going  to   and   returning   from  each 
session  and  each  place  for  performing  committee  service.   In 
counties  having  a  population  of  10,000  or  less,  they  cannot 
receive  compensation   for  more  than   thirty   days'   session 
service  in  a  year.     This  time  is  increased  with  the  increase 
in  population,  until,  in  counties  having  a  population  exceed- 
ing 90,000  one  hundred  days  may  be  spent  in  session  service. 
County  Auditor.     The  county  auditor  is  clerk  of  the 
board  of  supervisors,  and  it  is  his  duty  to  record  the  pro- 
ceedings of  that  body  and  preserve  them  in  permanent  form 
in  books  provided   for  that  purpose.     He  signs  all  orders 
issued  by  the  board  for  the  payment  of  money  from  the 
county  treasury,  and  serves  as  general  accountant  for  the 
county.      Before    each    election,    the    auditor   prepares    and 
furnishes  two  poll  books   for  each  voting  precinct  in   the 
county.     Immediately  after  election,  one  of  these  books  is 
forwarded  to  him  from  each  voting  precinct  with  the  num- 


THE  COUNTY  3/ 

ber  of  votes  each  candidate  received  for  every  office  to  be 
lilled  at  that  election.  From  the  poll  books  thus  made  out, 
he  makes  an  abstract  of  all  the  votes  cast  in  the  county 
for  each  candidate,  and  forwards  it  to  the  secretary  of  state. 

He  is  custodian  of  the  courthouse  and  county  property. 
He  computes  the  amount  of  tax  to  be  paid  by  each  taxpayer, 
and  gives  the  list  to  the  treasurer  for  collection.  It  is  his 
duty  also  to  publish  all  proceedings  of  the  board  of  super- 
visors. His  duties  as  bookkeeper  for  the  county,  enumerated 
by  the  code  of  Iowa,  are  many  and  diversified.  In  addition 
to  these  duties,  the  loaning  and  general  management  of  the 
permanent  school  fund  apportioned  to  the  county,  as  well 
as  a  division  of  the  county  school  found,  is  left  to  the  county 
auditor. 

Bond.  The  bond  of  the  county  auditor  is  fixed  by  the 
board  of  supervisors,  and  it  cannot  be  less  than  $5,000.  It 
is  usual  in  most  counties  for  the  bond  to  be  fixed  at  $10,000. 
The  loaning  and  general  management  of  the  permanent 
school  fund  apportioned  to  the  county,  as  well  as  the  divi- 
sion of  the  county  school  fund  and  interest  on  the  perma- 
nent school  fund,  is  left  to  the  county  auditor  by  the  board 
of  supervisors. 

Salary.  In  counties  having  less  than  15,000  population, 
the  salary  of  the  county  auditor  is  $1,400  a  year;  in  counties 
having  a  greater  population  than  15,000  the  salary  is 
increased  according  to  population  so  that  in  counties  having 
more  than  100,000  population,  the  salary  is  $3,300  a  year. 

County  Treasurer.  The  county  treasurer  receives 
all  money  belonging  to  the  county  and  pays  it  out  upon  the 
order  of  the  board  of  supervisors.  Warrants,  or  orders, 
for  the  payment  of  money  by  the  county  treasurer  are 
drawn  and  signed  by  the  county  auditor  and  sealed  with  the 
county  seal.  The  treasurer  keeps  a  record  of  all  moneys 
received  and  warrants  paid,  and  holds    the    same,    at    all 


38  IOWA  AND  THE  NATION 

times,  subject  to  the  inspection  of  the  board  of  supervisors. 
He  keeps  a  separate  account  of  the  taxes  levied  in  the 
county  for  state,  county,  school,  highway  and  other  pur- 
poses. His  duties  in  relation  to  taxes  are  described  in 
Chapter  A'l,  Taxation. 

The  county  treasurer  is  heavily  bonded.  His  compensa- 
tion consists  of  a  percentage  of  the  money  collected.  In 
counties  whose  population  does  not  exceed  10,000  it  cannot 
be  more  than  $1,300.  In  other  counties  where  the  com- 
mission exceeds  $1,500,  the  excess  must  be  paid  into  the 
county  treasury ;  but  in  counties  having  a  population  of 
25,000  or  more,  the  board  of  supervisors  may  allow  such 
additional  compensation  as  they  deem  proper. 

County  Clerk,  or  Clerk  of  the  District  Court.  The 
county  clerk  is  the  clerk  of  the  district  court,  and  it  is  his 
duty  to  attend  all  sessions  of  this  court  and  to  keep  its 
records,  papers  and  official  seal.  He  keeps  a  book,  known 
as  the  record  book,  in  which  are  recorded  the  proceedings 
of  the  court;  a  judgment  docket,  in  which  to  keep  an 
abstract  of  all  judgments  rendered  by  the  court  with  all 
the  explanations  necessary ;  a  fee  book,  in  which  to  enter  in 
detail  the  costs  and  fees  in  each  law  suit ;  an  incumbrance 
book,  in  which  the  sheriff  records  a  statement  of  each  attach- 
ment of  real  estate ;  an  appearance  docket,  in  which  all  suits 
are  entered  in  the  order  in  which  they  are  begun ;  and  a 
book  in  which  is  kept  a  record  of  all  liens  filed  in  the 
district  court. 

Report.  On  or  before  the  first  ]\Ionday  in  November  of 
each  year,  he  is  required  to  make  a  full  report  of  all  criminal 
trials  held  by  the  district  court  for  the  preceding  year.  This 
report  shows  the  character  of  the  offense,  the  nature  and 
amount  of  the  penalty  inflicted,  the  nationality,  occupation 
and  general  liabits  of  the  person  convicted,  whether  he  can 


THE  COUNTY  39 

read  and  write,  and  also  the  entire  expense  to  the  county 
for  criminal  prosecutions  during  the  year. 

Duties.  It  is  the  duty  of  this  otliccr  lo  issue  mar- 
riage licenses  when  application  is  properly  made,  lie  keeps 
a  register  which  contains  the  names  and  ages  of  the  parlies, 
the"  date  of  the  marriage  and  the  name  and  official  standing 
of  the  party  by  whom  it  was  solemnized.  He  also  keeps  a 
record  of  the  births  and  deaths ;  and  is,  by  virtue  of  his 
office,  a  member  of  the  insane  commission.  He  also 
appoints  executors,  administrators,  guardians  and  appraisers 
of  the  property  of  persons  deceased,  and  approves  the  bonds 
which  they  are  required  by  law  to  file  wdth  him  as  security 
for  the  faithful  discharge  of  their  duties.  In  fact,  this 
officer  now  has  the  settlement  of  all  matters  of  probate, 
subject  to  the  direction  and  approval  of  the  judge  of  the 
district  court. 

The  clerk  may  appoint  a  deputy  to  aid  him  in  trans- 
acting the  business  of  his  office,  but  neither  of  these  officers 
can,  during  the  time  of  his  official  incumbrance,  hold  the 
office  of  justice  of  the  peace,  or  act  as  attorney  or  solicitor 
in  any  case  in  court. 

Bond.  His  bond  cannot  be  less  than  $5,000,  and  his  com- 
pensation varies  according  to  the  population  of  the  county 
in  which  he  serves. 

Salar^i.  The  salary  of  the  county  clerk  is  determined  by 
the  population  of  the  county.  In  counties  having  less  than 
10,000  inhabitants  it  is  $1,100.  From  this  minimum  it  is 
increased  with  the  increase  in  population  until  in  counties 
having  over  65,000  inhabitants  it  is  $3,300. 

Fees.  A  full  and  complete  account  of  all  fees  received 
must  be  reported  to  the  board  of  supervisors  at  each  regu- 
lar session.  The  fees,  in  excess  of  the  salary,  must  be  i)aid 
into  the  county  treasury,  but  the  board  of  supervisors  may 


40  IOWA  AND  THE  NATION 

allow  an  amount,  not  to  exceed  $300,  as  additional  com- 
pensation for  performing  the  work  connected  with  matters 
of  probate. 

County  Recorder.  The  county  recorder  is  provided 
with  an  office  in  the  courthouse,  and  it  is  his  duty  to  copy 
accurately  all  deeds,  mortgages  and  other  papers  delivered 
to  him  for  record,  in  the  manner  prescribed  by  law.  He 
keeps  separate  books  for  deeds,  mortgages  of  real  estate, 
chattel  mortgages  and  other  papers,  and  he  is  required  to 
write  on  each  paper  delivered  to  him  for  record,  the  exact 
time  it  was  received.  The  records  of  his  office  show  the 
names  of  those  persons  who  received  the  original  deeds 
of  land  from  the  government,  and  also  all  transfers  and 
changes  in  ownership  from  the  original  entry  down  to 
the  present  time. 

Abstract  Books.  Deeds,  mortgages,  and  other  valuable 
papers  are  often  lost  or  destroyed  by  accident,  but  if  they 
have  been  properly  recorded,  an  exact  copy  of  the  record 
can  be  made  from  the  books  of  the  recorder  at  slight  cost. 
Books  containing  a  complete  record  of  all  transfers  of  real 
estate  from  the  government  patent  to  date  are  known  as 
abstract  books.  From  these  books  a  complete  record  of  all 
transfers  of  title  of  any  piece  of  real  estate  may  be  obtained 
at  slight  expense.  This  record  is  called  an  abstract  of  title 
or  simply  an  abstract,  and  should  always  be  obtained  by 
one  purchasing  the  property.  It  requires  great  care  to 
prepare  these  books  and  keep  tliem  up  to  date.  A  complete 
set  of  abstract  books  for  a  large  county  is  worth  several 
thousand  dollars. 

Compensation.  The  fees  of  the  county  recorder  are  fixed 
by  law.  He  charges  fifty  cents  for  recording  each  paper 
of  not  more  than  400  words,  and  ten  cents  extra  for  every 
100  additional  words,  or  fraction  thereof.  The  fee  for 
recording  a  deed  to  real  estate,  if  made  in  the  usual  form. 


THE  COUNTY  41 

is  seventy-five  cents,  but  twenty-five  cents  of  this  is  paid 
to  the  county  auditor  for  entering  the  land  for  taxation  in 
the  name  of  the  purchaser.  The  amount  of  the  bond  of 
this  officer  is  fixed  by  the  board  of  supervisors.  In  counties 
having  less  than  15,000  inhabitants,  the  salary  is  $1,200  a 
year,  and  increases  according  to  the  population  of  the 
counties  to  a  maximum  of  $2,000. 

Sheriff.  The  sheriff  is  one  of  the  most  important 
,  ofiicers  of  the  county.  His  duties  are  many  and  he  is 
required  to  appoint,  in  writing,  one  or  more  deputies,  for 
whose  official  acts  he  is  responsible  and  froni  each  of 
whom  he  requires  an  official  bond  for  the  faithful  per- 
formance of  his  duties. 

Duties.  The  sheriff  has  charge  of  the  county  jail  and 
of  all  persons  committed  to  it.  He  or  his  deputies  serve 
notices  issued  by  the  district  court.  He  is  required  to 
attend  the  district  court  to  serve  all  notices  upon  persons 
who  are  summoned  to  appear  before  the  court,  to  execute 
all  judgments  of  the  court,  and  to  execute  and  return  all 
writs  issued  by  the  court.  The  sheriff  and  his  deputies 
are  responsible  for  the  maintenance  of  peace  and  good 
order  within  the  county.  It  is  their  duty  to  arrest  criminals 
and  they  may  arrest  persons  suspected  of  crime.  But  in 
no  case  does  their  authority  extend  beyond  the  boundaries 
of  their  own  county.  When  necessary  the  sheriff  or  a 
deputy  may  call  upon  citizens  to  assist  in  making  an  arrest 
or  quelling  a  disturbance,  and  the  law  requires  that  they 
render  the  assistance. 

It  is  the  duty  of  the  sheriff  to  give  at  least  ten  days' 
notice  of  each  general  election  by  a  proclamation  published 
in  some  newspaper  printed  in  the  county,  or  by  posting 
notices  of  it  in  at  least  five  public  places  in  the  county. 
The  same  rule  applies  to  all  special  elections  ordered  l)y  tlie 
governor. 


42  IOWA  AND  THE  NATION 

Salary.  The  Twenty-ninth  General  Assembly  changed 
the  compensation  of  sherififs  from  fees  to  an  annual  salary, 
which  varies  according  to  the  population  of  the  counties. 
In  counties  having  a  population  of  over  45,000,  the  salary 
is  $3,500  a  year.  Where  the  population  is  more  than  28,000 
and  less  than  45,000,  the  compensation  is  $3,000.  If  the 
population  of  the  county  is  more  than  11,000  and  less  than 
28,000,  the  salary  is  $2,000  a  year.  In  all  counties  the 
sheriff  is  allowed  actual  expenses  incurred  in  the  discharge 
of  his  official  duties,  and  mileage.  It  is  intended  that  the 
fees  of  the  office  shall  be  used  in  the  payment  of  the  salary 
of  sheriff"  and  his  deputies,  but  in  case  the  fees  collected 
do  not  amount  to  the  salary  fixed  by  law,  the  balance  is 
paid  out  of  the  county  treasury,  and  fees  in  excess  of  the 
salary  allowed  are  paid  into  the  treasury  for  the  benefit 
of  the  county.  All  fees  of  the  office  earned  and  uncol- 
lected at  the  end  of  the  year  belong  to  the  county. 

County  Attorney.  The  county  attorney  acts  as  the 
legal  adviser  of  the  officers  of  the  county  in  which  he  is 
chosen,  and  it  is  also  his  duty  to  appear  for  the  state  in  the 
prosecution  of  criminals,  and  to  represent  the  county  in 
the  supreme  court  when  the  county  is  a  party  to  a  suit 
in  that  court.  A  deputy  may  be  appointed  by  this  officer. 
The  county  attorney  may  prosecute  upon  his  own  sworn 
information  any  person  charged  with  a  criminal  offense 
for  which  the  fine  exceeds  $100  or  thirty  days'  imprison- 
ment. In  addition  to  his  duties  of  giving  legal  information 
to  county  officers,  he  is  also  the  legal  adviser  of  township 
officials,  and  in  counties  of  less  than  25,000  people,  he  repre- 
sents the  township  trustees  when  the  interests  of  the  county 
do  not  conflict  with  those  of  the  township. 

Bond.  Salarv.  The  bond  required  of  this  office,  to  be 
filed  with  the  county  auditor,  is  not  less  than  $5,000.  The 
salary,  which  is  fixed  by  the  board  of  supervisors,  ranges 


THE  COUNTY  43 

from  $900  to  $1,750,  according  to  the  population  of  the 
county.  Fees  and  mileage  also  are  provided  for  in  certain 
cases.  The  term  of  oifice  is  two  years,  commencing  on  the 
first  Monday  in  January  of  each  odd-numbered  year. 

County  Engineer.  The  office  of  county  engineer  is 
the  most  recently  created  county  office.  The  engineer 
assumes  the  duties  that  were  formerly  performed  by  the 
county  surveyor,  and  in  addition  to  these  he  is  required  to 
superintend  the  construction  of  highways,  bridges  and 
culverts  in  carrying  out  the  provisions  of  the  new  road  law. 
Much  of  his  work  is  done  under  the  direction  of  the  state 
highway  commission.  The  office  of  county  surveyor  was 
abolished,  as  such,  because  much  of  the  work  of  surveying 
land,  establishing  boundaries,  making  plats,  etc.,  which  is 
important  when  a  country  is  first  being  settled,  is  now 
greatly  reduced  in  Iowa.  On  the  other  hand,  as  a  country 
becomes  more  thickly  settled  the  need  for  good  roads, 
permanent  bridges  and  proper  grades  becomes  of  increasing 
importance.  The  legislature  felt  that  this  work  could  be 
more  intelligently  carried  on  by  an  expert  civil  engineer 
cooperating  with  a  state  highway  commission  of  road  con- 
struction experts,  than  by  the  old  method  when  the  county 
road  work  w^as  unscientifically  done,  poorly  organized,  and 
sometimes  dishonestly  carried  on. 

Coroner.  It  is  the  duty  of  this  officer  to  perform  all 
the  duties  of  the  sheriff,  when  there  is  no  sheriff,  or  when 
that  officer  is  an  interested  party  in  any  proceedings  in  any 
court  of  record.  He  also  acts  as  sheriff  when  an  affidavit 
is  filed  with  the  clerk  of  the  court  that  the  sheriff"  and  his 
deputies  are  absent  from  the  county,  and  are  not  expected 
to  return  in  time  to  perform  the  service  required.  He  is 
obliged  to  give  bonds  to  the  amount  required  by  the  board 
of  supervisors. 

Inquest.     It  is  also  his  duty  to  hold  an  inquest  upon  the 


44  IOWA  AND  THE  NATION 

dead  bodies  of  those  persons  who  are  supposed  to  have 
died  by  unlawful  means.  Upon  receiving  notice  that  such 
a  body  has  been  found  in  his  county,  he  issues  a  warrant 
to  any  constable  of  the  county,  directing  him  to  summon 
immediately  three  electors  to  serve  as  a  jury  in  determining 
when,  how  and  by  what  means  the  deceased  came  to  his 
death.  The  coroner  may  summon  witnesses,  and  both  jurors 
and  witnesses  are  sworn  to  the  faithful  performance  of  the 
duties  devolving  upon  them. 

The  testimony  given  at  the  inquest  is  reduced  to  writing 
and  signed  by  the  witnesses.  The  jurors,  having  viewed 
the  body,  heard  the  testimony  and  made  all  needful 
inquiries,  return  to  the  coroner  in  writing  the  result  of  their 
investigations. 

If  it  be  found  at  the  inquest  that  a  crime  has  been 
committed  on  the  deceased,  and  the  evidence  be  sufficient 
to  authorize  the  jury  in  naming  the  guilty  person,  the 
coroner  proceeds  to  secure  his  arrest,  if  possible,  before 
the  proceedings  are  made  public.  The  body  of  the  deceased  is 
delivered  to  his  friends  by  the  coroner,  but  where  there 
are  no  friends  and  no  property,  the  expenses  of  the  inquest 
and  burial  are  paid  out  of  the  county  treasury. 

Fees.    The  fees  of  the  coroner  are  as  follows : 

For  holding  an  inquest  and  making  the  return,  five 
dollars. 

For  viewing  a  body  without  holding  an  inquest,  three 
dollars. 

For  issuing  each  subpoena,  warrant  or  order  for  a  jury, 
twenty-five   cents. 

For  each  mile  traveled  in  going  to  and  returning  from 
holding  an  inquest,   five  cents. 

For  acting  as  sheriff  he  receives  the  usual  fees  of  that 
officer. 


THE  COUNTY  45 

Notary  Public.  A  notary  public  is  nut  properly  a 
county  officer,  although  his  powers  arc  limited  to  the  county 
in  which  he  resides,  and  to  adjoining-  counties  in  which 
he  has  tiled  his  certificate  of  appointment. 

Appointment.  Any  person  wishing  to  become  a  notary 
public  may  make  application  to  the  governor  for  an  a]jpoint- 
ment  as  such.  If  the  application  is  satisfactory,  the  person 
receives  a  commission  authorizing  him  to  serve  as  notary 
public.  The  term  of  this  officer  is  three  years,  but  for 
convenience,  all  commissions  expire  on  the  fourth  day  of 
July  of  every  third  year. 

Seal.  Each  notary  public,  or  notary,  as  he  is  commonly 
called,  has  an  official  seal,  ui)on  which  is  engraved  the 
words,  "Notarial  vSeal,"  and  "Iowa,"  with  the  initials  of 
his  given  name  and  his  surname  in  full.  The  cost  of  a 
commission  is  five  dollars ;  and  that  of  a  notarial  seal,  three 
dollars.  Each  notary  is  required  to  give  a  bond  in  the  sum 
of  $500,  which  he  files  with  the  clerk  of  the  district  court, 
as  a  surety  that  he  will  faithfully  perform  the  duties  of  his 
office.  The  governor  may  revoke  the  commission  of  a 
notary  at  any  time. 

Pozvers.  A  notary  public  may  administer  oaths,  take 
the  acknowledgment  of  signatures  to  deeds,  mortgages,  wills 
and  other  legal  documents,  and  perform  certain  other  duties 
of  like  character.  He  must  stamp  with  his  official  seal  all 
papers  of  which  he  takes  acknowledgments.  He  also 
certifies  concerning  the  signatures  in  the  following  manner : 

State  of  Iowa.  1 
Buchanan  Co.  j 

Be  it  remembered  that  on  the day  of 

A.  D before  the  undersigned,  a  notary  public 

in  and   for  said  county,  personally  appeared  A    


46  IOWA  AND  THE  NATION 

B    and   C    D    ,   to 

me  j)ersonally  known  to  be  the  identical  persons  whose 
names  are  affixed  to  the  foregoing  instrument  as  grantors, 
and  who  acknowledge  the  same  to  be  their  voluntary  act 
and  deed.  Witness  my  hand  and  notarial  seal  the  day  and 
year  above  written. 

E F 

Notary  Public  in  and  for  said  county. 

Bonds,  Salaries  and  Fees.  A  bond  is  a  written  promise 
under  seal  made  by  a  responsible  person  by  which  he  agrees 
to  pay  any  loss  up  to  the  amount  of  the  bond  resulting  from 
the  unfaithfulness  of  the  official  for  whom  the  bond  is  given. 

All  county  officers  as  well  as  their  deputies  except  super- 
visors are  required  to  give  bonds  for  the  faithful  perform- 
ance of  their  duties.  The  amount  of  the  bond  varies  with 
the  office  and  size  of  the  county  from  $5,000  to  many  times 
that  amount  for  treasurers  in  counties  in  which  vast  sums 
of  money  are  handled.  Supervisors  fix  and  approve  the 
bond,  but  are  not  permitted  to  make  it  less  than  the  minimum 
required  by  law. 

The  salaries  of  county  officers  also  vary  in  amount  accord- 
ing to  the  nature  of  the  office  and  the  size  of  the  county. 
The  Thirty-sixth  General  Assembly  in  1915  unified  and 
systematized  the  salaries  of  county  officers  throughout  the 
state,  the  salary  in  small  counties  averaging  approximately 
$1,400  and  in  larger  ones  about  $2,000  per  year.  The 
auditor,  treasurer  and  sheriff  usually  receive  the  highest, 
while  the  clerk  and  attorney  receive  the  least.  The  super- 
visors do  not  receive  a  definite  salary,  but  are  paid  four 
dollars  per  day  for  time  actually  spent  in  attending  meetings, 
and  a  like  amount  when  not  in  session,  but  employed  in 
committee   work.     They   are   allowed   five   cents   per   mile 


THE  COUNTY  47 

for  each  mile  traveled  in  going  to  and  ivom  the  sessions  and 
when  performing  committee  work. 

The  corner  is  i)aid  by  means  of  fees,  as  already  explained, 

page    It    is    intended   that   a    part,    at    least,    of   the 

county  offices  should  be  self-supporting;  for  this  reason 
people  who  receive  specific  benefits  from  these  offices  are 
required  to  pay  a  fee  for  the  benefits  conferred.  Examples 
of  this  are  the  fees  charged  by  the  recorder.     See  page  40. 

QUESTIONS  AND  SUGGESTIONS 

1.  Draw  an  outline  map  of  your  county,  and  mark  on 
it  the  civil  townships,  towns  and  county  seat. 

2.  Name  the  county  in  Iowa  having  the  smallest  popu- 
lation and  the  largest.  Give  the  population  in  each  case. 
This  can  be  found  in  the  lozca  Official  Register  or  in  any 
good  atlas. 

3.  Name  the  supervisors  in  your  county.  Are  they 
elected  at  large,  or  does  each  represent  a  particular  dis- 
trict ?  Which  is  the  better  method  ?  Which  places  more 
emphasis  on  local  self  government?  By  which  method 
does  the  supervisor  tend  to  represent  the  interests  of  the 
entire  county? 

4.  Suppose  you  wish  to  buy  a  farm,  what  officer  would 
you  consult  to  make  sure  that  the  seller  held  a  clear  title 
to  the  farm?  Suppose  you  buy  the  farm,  what  document 
will  you  receive?  What  will  you  do  with  it?  What  fees 
will  it  be  necessary  to  pay? 

5.  What  is  being  done  to  improve  the  roads  in  your 
county?  Of  what  advantage  are  good  roads  to  you?  Name 
five  advantages  of  good  roads  to  people  in  general.  Should 
the  state  help  support  county  roads  from  state  funds  ? 

6.  What  provision  does  the  county  make  for  poor  people 


t> 


48  IOWA  AND  THE  NATION 

who  are  too  old  to  work?     Name  all  the  ways  in  which  a 
county  provides  for  unfortunate  people. 

7.  Secure  copies  of  deeds,  mortgages,  tax  receipts,  war- 
rants, legal  notices  and  as  many  other  documents  as  you 
can  from  various  county  officials.  A  great  deal  of  practical 
information  can  be  gained  in  class  in  this  manner. 

8.  It  is  suggested  that  the  class  organize  as  the  Board 
of  Supervisors  and  carry  out  the  usual  duties  of  that  body. 

9.  Suggested  question  for  class  debate :  Resolved,  that 
State  aid  should  be  given  for  the  purpose  of  making  per- 
manent roads. 

10.  Make  out  a  table  in  your  note  book  similar  to  the 
one  below,  but  on  a  larger  scale,  and  fill  all  blanks. 


4 


I 


THE  COUNTY 


49 


DUTIES 

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2; 

CHAPTER  VI 
TAXATION 

The  Purpose  of  Taxation.  We  have  learned  in  the 
preceding  chapters  that  local  government,  in  its  various 
forms,  is  engaged  in  many  activities  for  public  welfare — 
such  as  the  construction  and  repair  of  highways,  building 
bridges,  maintaining  public  buildings,  dispensing  justice, 
protecting  society  and  maintaining  schools.  We  have 
learned  that  those  engaged  in  public  work  receive  compensa- 
tion for  their  skill  and  labor,  and  that  other  expenses  are 
daily  incurred.  The  question  naturally  arises,  where  is 
the  money  for  paying  all  these  expenses  obtained?  To 
this  question  there  is  but  one  answer.  It  is  obtained  from 
the  people.  The  people  receive  the  benefit  of  these  activities, 
and  it  is  just  and  right  that  they  should  pay  the  expenses 
incurred. 

For  this  reason  all  governments  make  provision  in  their 
organic  law  for  securing  from  the  people  the  revenue 
necessary  to  meet  the  government's  expenses.  Taxation  is, 
therefore,  the  lawful  taking  of  private  property  for  public 
purposes. 

Method  of  Taxation.  In  order  that  any  system  of  tax- 
ation may  be  just  it  must  be  uniform,  that  is,  each  adult 
person  should  contribute  according  to  his  means  to  the 
support  of  the  government.  That  this  may  be  done,  laws 
governing  the  levying  and  collecting  of  taxes  have  been 
carefully  prepared.  In  Iowa  these  laws  require  the  follow- 
ing steps : 

50 


TAXATION  51 

1.  Assessment.  /\11  taxable  property  is  divided  into  two 
classes,  real  estate  and  personal  property.  Real  estate 
includes  land  and  buildings  and  personal  property  and  all 
other  property.  It  is  necessary  that  the  taxing  authorities 
have  a  means  of  learning  the  value  of  the  property  owned 
by  each  person  residing  within  the  territory  under  their 
jurisdiction,  be  that  territory  a  school  district,  a  civil  town- 
ship, a  county  or  a  state. 

The  first  official  with  wdiom  we  come  in  contact  in  the 
process  of  taxation  is  the  township  assessor,  as  we  have 
already  explained  (Chapter  III,  page  18).  This  official 
is  required  once  a  year  to  make  a  list  of  the  property  of 
each  resident  of  his  township  who  is  subject  to  taxation. 
The  assessor  is  required  to  list  the  property  at  its  actual 
value,  but  it  is  assessed  at  only  one-fourth  its  value.  Per- 
sonal property  is  valued  each  year,  but  the  value  placed  on 
real  estate  one  year  is  used  the  next.  That  is,  real  estate 
is  valued  only  once  in  two  years.  Each  property  holder  is 
required  to  make  to  the  assessor  a  statement  under  oath  as 
to  the  amount  and  value  of  his  property.  Failure  to  make 
this  statement  is  considered  a  misdemeanor,  and  is  punish- 
able by  a  fine  of  not  more  than  $500. 

The  assessor  receives  from  the  county  auditor,  by  Janu- 
ary 15  of  each  year,  two  books,  and  he  records  in  each  of 
them  all  the  items  relating  to  the  property  assessed.  He 
is  required  to  complete  the  work  before  the  first  Monday 
in  April. 

2.  Equalisation.  The  second  step  in  the  process  of 
taxation  is  equalization  of  taxes,  or  review  of  values.  One 
of  the  assessor's  books  is  delivered  to  the  township  clerk. 
on  or  before  the  regular  April  meeting  of  the  trustees,  and 
is  used  by  them  in  reviewing  the  assessments.  The  trustees 
examine  the  assessor's  book  to  see  that  none  of  the  property 
has  been  listed  too  high  or  too  low.    Any  person  wdio  thinks 


52  IOWA  AND  THE  NATION 

his  property  has  been  unjustly  assessed  can  appear  before 
the  trustees  at  this  meeting  and  petition  them  to  correct 
the  assessment.  After  the  values  have  been  reviewed,  the 
books,  together  with  the  estimate  of  the  taxes  necessary 
for  the  township,  are  submitted  to  the  county  auditor. 

In  a  like  manner,  the  board  of  supervisors  of  the  county 
act  as  a  board  of  review  in  equalizing  the  valuation  of 
property  in  the  townships  of  their  respective  counties,  and, 
finally,  the  executive  council  may  act  as  a  state  board  of 
review  to  equalize  values  among  the  counties.  The  assess- 
ment is  based  largely  ui:)on  the  judgment  of  the  township 
assessor.  Suppose  that  in  any  two  townships  of  a  county, 
the  assessor  should  in  one  township  fix  the  value  of  property 
at  as  low  a  rate  as  possible,  and  the  other  one  as  high 
as  possible.  This  would  not  affect  the  amount  to  be  raised 
for  local  purposes,  as  the  local  boards  estimate  the  amount 
of  money  needed,  and  not  the  rate  of  tax  to  be  levied.  But 
the  township  having  the  higher  assessment  would  be  obliged 
to  contribute  more  than  its  share  for  the  support  of  county 
and  state  government,  since  the  estimates  for  county  and 
state  revenue  are  based  on  the  assessed  value  of  property 
at  a  certain  number  of  mills  on  a  dollar. 

3.  LcTX  of  Taxes.  In  order  to  understand  how  taxes 
are  levied,  we  must  first  know  the  different  units  of  govern- 
ment over  which  the  different  taxing  bodies  extend  their 
control.  Beginning  with  the  smallest  unit  and  extending 
upward  in  the  scale,  these  are,  the  subdistrict,  the  school 
township,  the  civil  township,  the  county  and  the  state.  The 
voters  of  any  subdistrict  may,  within  certain  limits,  by 
vote  increase  their  rate  of  taxation  for  school  purposes 
above  that  voted  by  the  school  township ;  the  board  of 
directors  of  the  school  township  determine  the  amount  of 
money   necessary   for   the   support   of   schools   under   their 


TAXATION  53 

control ;  the  board  of  township  trustees  determine  the 
amount  necessary  for  the  expenses  of  the  township,  inckid- 
ing  construction  and  repair  of  roads ;  the  board  of  county 
supervisors  determine  the  amount  necessary  for  the  county, 
and  the  rate  for  the  state  expenses  is  fixed  by  the  General 
Assembly. 

These  various  amounts,  together  with  the  lists  of  taxable 
property  in  each  township  and  school  district,  are  sent  to 
the  county  auditor.  At  their  September  meeting  the  board 
of  county  supervisors  levy  the  taxes  to  be  used  for  the 
support  of  state,  county,  town  and  township  government. 
This  levy  is  made  upon  all  the  taxable  property  in  the 
county.  The  money  for  the  support  of  the  state  government 
is  obtained  from  a  uniform  tax  levied  upon  all  the  taxable 
property  of  the  state.  For  the  payment  of  salaries  of  county 
officers  and  the  running  expense  of  the  county  government, 
a  levy  not  to  exceed  six  mills  on  a  dollar  is  made.  For  the 
support  of  schools,  the  levy  is  not  less  than  one  mill  nor 
more  than  three  mills,  and  for  building  and  repairing 
bridges,  not  more  than  three  mills  on  a  dollar. 

4.  Computing  Taxes.  After  the  assessment  lists  of  the 
town  and  township  assessors  have  been  properly  equalized, 
the  county  auditor  adds  the  valuation  listed  in  each  to  find 
the  total  value  of  taxable  property  in  the  county.  Then 
from  the  amount  estimated  for  county  purposes  he  sub- 
tracts the  total  amount  of  poll  tax  and  divides  the  remainder 
by  one-fourth  the  value  of  the  taxable  property  in  the 
county.  The  result  is  the  rate,  or  the  number  of  mills  on 
the  dollar  for  county  purposes.  In  the  same  manner  he 
computes  the  rate  for  each  city,  towm,  township  and  school 
district.  These,  together  with  the  uniform  state  rate,  are 
then  combined  as  shown  under  General  Levy,  which  shows 
how  the  difierent  items  of  taxation  are  determined.     The 


54 


IOWA  AND  THE  NATION 


tax  is  for  all  purposes,  as  levied  by  the  board  of  super- 
visors of  Buchanan  county  upon  the  property  in  the  inde- 
pendent district  of  Independence  for  the  year  1915. 


General  Levy 

Funds  ^lills 

State    2.9 

University    2 

Agricultural    College 2 

Teachers'    College 1 

Capitol    Extension 5 

State   Institutions 5 

College  Extension 5 

County     4 

Bridge   

County   Road 

Poor    

Insane    

County   School 

Soldiers'    Relief 2 

County  Home  Building 2 


How  Estimated 
By    General   Assembly 


By  Board  of  Supervisors 


Total    20.1 

Independence  City  Levy 

Incorporation    29  By  City  Council 

Library    2  "        "' 


Total    31 


Independence  School  District 

Bv   School   Board 


Teachers  19.3 

Contingent   12 

School  House 13 


Total   44.3 


The  general  levy  for  state  and  county  purposes  is  the 
same    throughout    the    county.      Incorporation,    under    city 


TAXATION  55 

levy,  includes  not  only  the  expense  of  running  the  city 
government,  but  city  water,  lights  and  other  public  utilities. 
People  living  outside  of  the  incorijoralion  do  ik)1  i)ay  this, 
but  are  required  to  pay  a  rcjad  tax  of  api)r()xiniatcl}-  six- 
mills  for  township  and  county  roads  in  addition  to  their 
school  district  levy  and  the  general  levy.  The  total  levy 
for  taxpayers  in  Intlependence  is  ninety-five  and  four- 
tenths  mills  on  the  dollar  for  the  year  indicated. 

Special  Taxes.  In  addition  to  the  tax  on  property 
each  male  citizen  between  the  ages  of  21  and  45  years  must 
pay  a  poll  tax  and  a  road  tax,  unless  he  is  exempt.  Hon- 
orably discharged  soldiers,  members  of  the  National  (uiard 
and  firemen  are  not  required  to  pay  these  taxes.  Some- 
times special  assessments  are  levied  against  property.  For 
example,  when  a  street  is  paved  adjacent  property  owners 
are  required  to  pay  their  proportional  share  of  the  cost. 

The  taxes  thus  far  enumerated  are  for  the  support  of 
local  and  state  government.  In  addition  to  these,  we  are 
sometimes  called  upon  to  pay  taxes  to  support  the  national 
government ;  this  form  of  taxation  is  explained  in  Part  III, 
pages  217-219. 

Collection  of  Taxes.  To  aid  the  county  treasurer  in 
the  collection  of  taxes,  that  officer  is  empowered  to  appoint 
collectors  to  whom  powers  are  assigned  by  law.  Owing  to 
the  difficulty  of  collecting  taxes  on  personal  property  wdien 
the  owner  does  not  also  own  real  estate,  tax  collectors  have 
an  important  work  to  do.  "  Tax  ferrets,"  as  they  are  called, 
have  increased  the  revenues  of  nearly  every  county  in  the 
state  during  the  past  few  years,  by  searching  the  county 
records  for  moneys  and  credits  not  properly  listed  by  their 
owners.  These  persons  are  not  public  officers.  They  under- 
take to  do  this  work  for  a  certain  percentage  of  the  taxes 
collected  through  their  efiforts. 

Taxes   levied   in  any   year   become   due   on   tlie   first   of 


56  IOWA  AND  THE  NATION 

January  and  delinquent  on  the  first  day  of  March  following. 
If  taxes  are  paid  before  the  first  of  April  after  they 
become  due,  no  interest  is  charged,  but  if  not  paid  then, 
interest  is  charged  on  the  amount  of  the  taxes  at  the  rate 
of  one  per  cent  a  month  from  the  first  of  March,  the  time 
they  become  delinquent.  If,  however,  a  person  pays  one- 
half  of  his  tax  before  April  first,  the  other  half  need  not 
be  paid  till  the  last  day  of  September,  and  no  penalty  will 
be  charged. 

Tax  Receipts.  The  treasurer  makes  out  and  delivers  to 
each  taxpayer  a  receipt,  stating  the  time  of  payment,  the 
description  and  assessed  value  of  each  parcel  of  land,  the 
assessed  value  of  all  property  belonging  to  him,  the  amount 
of  each  kind  of  tax,  the  interest  and  costs  that  have  accrued, 
if  any,  giving  a  separate  receipt  for  each  year. 

Tax  Sale.  On  the  first  Monday  in  December  of  each 
year,  the  county  treasurer  is  required  to  offer  at  public  sale 
at  his  office,  all  lands,  town  lots  and  other  real  property  on 
which  taxes  of  any  description  for  the  preceding  year,  or 
years,  are  due  and  unpaid.  This  tax  sale  is  made  for  the 
total  amount  of  such  unpaid  taxes,  together  with  interest 
and  legal  costs  of  advertisement  and  sale. 

Exemptions.  In  general,  the  following  classes  of 
property  are  exempt  from  taxation  and  are  not  assessed. 
The  property  of  the  United  States  and  of  the  state  of  Iowa, 
including  school  lands  and  all  property  leased  to  the  state; 
the  property  of  school  districts,  townships,  incorporated 
towns,  cities  and  counties,  when  used  exclusively  for  the 
benefit  of  the  public  and  not  for  profit ;  the  property  of 
literary,  scientific,  benevolent,  agricultural  and  religious 
institutions  which  is  devoted  to  the  appropriate  uses  of 
these  institutions;  the  estates  of  persons  who,  by  reason  of 
age  or  infirmity,  are  unable  to  contribute  to  the  public 
revenue ;   farming  utensils   and  the  tools  of  any  mechanic 


TAXATTOX  57 

actuall}'  needed  and  used  1j\'  him  in  earnini;  a  lixelihoud  ; 
and  government  or  state  lands  during  llie  year  in  which 
lhe_\-  ma}-  have  l)een  sold  h>  prixate  i)arties. 

gU  ESTIOXS  AXD  SUGGESTIOXS 

1.  What  is  the  purpose  of  taxation?     Define  taxation. 

2.  What  property  in  your  community  is  free  from  taxes? 
Why?  What  general  classes  of  private  pro])erty  are  free 
from  taxation  ? 

3.  Distinguish  between  real  and  personal  property. 
Under  which  class  would  each  of  the  following  come: 
horses,  fences,  trees,  coal  mines,  houses,  pianos,  diamonds, 
money,  automobiles,  windmills,  railroads? 

4.  Trace  the  various  steps  necessary  to  take  private 
property  for  j)ublic  j^urposes. 

5.  Why  should  a  man  who  has  no  children  pay  a  school 
tax?     Does  the  school  increase  the  value  of  his  property? 

6.  Do  people  object  to  high  taxes?  What  improvements 
might  your  community  provide  if  there  were  a  general 
willingness  on  part  of  the  people  to  pay  taxes?  Why  should 
all  citizens  be  public  spirited? 

7.  What  may  be  done  when  a  property  owner  refuses 
or  neglects  to  pay  his  taxes  ? 

8.  Secure  a  copy  of  tax  receipt  for  your  county  and 
compare  the  levy  printed  on  the  reverse  side  of  it  with 
the  levy  in  the  book. 

9.  Is  a  person  dishonest  who  fails  to  tell  the  assessor 
the  full  amount  and  value  of  his  property? 

10.  The  following  are  suggested  for  outside  study  and 
class  discussion :  The  single  tax,  income  tax.  inheritance 
lax,  intlircct  taxes. 


CHAPTER  VII 

EDUCATION 

I.     The  Public  School  System 

Origin.  The  Ordinance  of  1787,  by  which  the  North- 
west Territory  was  organized,  declared  that  "  Religion, 
Morality  and  Knowledge  being  necessary  to  good  govern- 
ment and  the  happiness  of  mankind,  schools  and  the  means 
of  education  shall  forever  be  encouraged."  When  Iowa 
became  a  separate  territory  in  1838,  the  territorial  legisla- 
ture took  immediate  steps  to  organize  a  system  of  public 
schools,  but  owing  to  lack  of  means  for  support,  the  system 
was  not  established  on  a  working  basis  until  about  ten  years 
after  the  state  was  admitted  into  the  Union. 

In  the  early  years  all  schools  were  conducted  as  private 
enterprises,  the  teachers  obtaining  their  support  from  tuition 
charged  the  pupils.  These  schools  gradually  gave  way  to 
public  schools  as  the  state  became  more  densely  populated, 
and  the  development  of  her  resources  made  the  support  of 
public  schools  possible.  This  system  has  been  developed 
from  small  beginnings,  until  it  has  become  one  of  the  best 
in  the  country. 

Educational  Opportunities.  The  people  of  Iowa  have 
provided  almost  unlimited  opportunities  for  those  who  wish 
to  continue  their  education  beyond  the  requirements  of  the 
compulsory  attendance  law.  After  the  course  of  study  for 
the  first  eight  years,  or  common  school  course,  as  it  is  called, 
is  completed,  any  pupil  of  school  age  in  the  state  may  pursue 

58 


EDUCATION  59 

an  additional  four-year  high  school  course.  If  the  school 
district  in  which  lie  lives  does  not  provide  such  a  course 
he  may  attend  Iiigh  school  in  a  district  which  does,  and  the 
district  in  which  he  lives  will  he  required  to  pa}'  the  tuition 
not  to  exceed  three  dollars  and  lift\-  ceiils  a  month.  After 
completing  an  accredited  high  school,  any  student  in  Iowa 
may  secure  a  college  or  university  education  practically 
free  of  cost  at  the  State  Teachers'  College,  the  College  of 
Agriculture  and  Alechanic  Arts,  or  the  State  University 
of  Iowa.  These  great  educational  institutions  will  he  studied 
more  fully  in  a  later  chapter  entitled  '"  State  Institutions." 

Compulsory  Education.  The  Twentx-ninth  General 
Assembly  enacted  a  law  providing  for  the  compulsory 
attendance  of  children  at  school  for  at  least  twenty-four 
consecutive  weeks  every  year.  The  law  applies  to  children 
between  the  ages  of  seven  and  fourteen  years.  By  the  pro- 
visions of  the  law,  truant  officers  are  provided  for,  and  a 
.system  of  reports  from  teachers  to  those  intrusted  with  the 
enforcement  of  the  law  is  also  required.  Molations  of  the 
law  are  to  be  punished  by  a  system  of  fines,  and  habitual 
truants  may  be  dealt  with  according  to  such  reasonable 
methods  of  punishment  as  the  board  of  directors  may  pro- 
vide. The  Thirtieth  General  Assembly  amended  the  previous 
law  so  as  to  fix  the  time  of  attendance,  "  commencing  with 
the  first  week  of  school  after  the  first  day  of  September, 
unless  the  board  of  school  directors  shall  determine  upon  a 
later  date,  which  date  shall  not  be  later  than  the  first  Mon- 
day in  December." 

School  Corporations.  There  are  two  general  classes 
of  school  corporations  in  Towa.  These  are  ( 1)  school  town- 
ships, (2)  independent  districts.  Independent  districts  may 
be  subdivided  thus:  (1)  Rural  independent,  (2)  city,  town 
and  village  independent.   (3)  consolidated  independent. 

TJic  School   Toivnslup.     The   boundaries   of    the   school 


60  IOWA  AND  THE  NATION 

township  coincide  with  those  of  the  civil  township.  Each 
school  township  is  separated  into  as  many  sub-districts  as 
may  be  necessary,  and  a  member  of  the  board  of  directors, 
called  a  sub-director,  is  chosen  from  each  sub-district  by 
its  qualified  voters.  The  sub-directors  of  a  township  are 
chosen  on  the  first  Monday  in  ^Nlarch  of  each  year  for  a 
term  of  one  year,  and  all  the  sub-directors  of  the  township 
constitute  the  board  of  directors.  If  the  sub-districts  are 
even  in  number,  the  electors  choose  one  additional  director 
from  the  township  at  large,  on  the  second  Monday  in 
March. 

On  the  second  Monday  in  March,  the  qualified  voters  of 
the  school  township  meet  to  transact  business  of  a  general 
nature  connected  with  the  management  of  the  schools  of  the 
township.  If  it  is  necessary  to  build  a  new  schoolhouse  in 
the  township,  the  money  must  be  raised  by  a  tax  voted  at 
this  meeting.  If  any  school  property  is  to  be  disposed  of, 
the  sale  must  be  ordered  at  this  meeting. 

Rural  Independent.  The  sub-districts  of  school  town- 
ships may  become  rural  independent  districts  by  a  majority 
vote  in  each  sub-district,  one-third  of  the  voters  in  each 
sub-district  having  petitioned  the  board  of  the  school  town- 
ship that  such  meeting  be  called.  The  board  of  directors  in 
such  districts  consists  of  three  members. 

City,  Town  and  Ullage  Independent.  \Mien  ten  voters 
in  any  city,  town,  or  village  containing  over  one  hundred 
residents  petition  the  school  board  in  which  the  largest  num- 
ber of  residents  of  the  city,  town  or  village  live,  such  board 
shall  establish  the  boundary  of  the  proposed  district,  includ- 
ing all  of  the  city,  town  or  village  and  shall  call  an  election 
therein.  If  the  majority  of  the  voters  at  such  election  vote 
in  the  afiirm.ative  the  proposed  district  becomes  an  inde- 
pendent city,  town  or  village  school  district.  In  all  such 
districts  containing  cities  of  the  first  class  or  special  charter 


EDUCATION  61 

cities  the  board  of  directors  consists  of  seven  members.  In 
all  other  such  (h'stricts  the  Ijoard  consists  of  five  members. 

Consolidated  Independent.  There  is  a  strong  sentiment 
in  the  country  for  consolidated  rural  schools,  growing  out 
of  a  general  desire  not  only  to  improve  rural  schools  but 
to  make  rural  social  life  more  attractive.  In  these  schools 
rural  pupils  have  the  advantage  of  a  graded  school  with 
modern  equipment,  and  the  building  is  usually  so  con- 
structed that  it  may  be  converted  into  a  hall  for  social 
gatherings,  thus  becoming  a  "  community  center  "  for  the 
district. 

To  organize  such  a  district  a  third  of  the  voters  sign  a 
petition  and  present  it  to  the  school  board  of  the  (Hstrict 
containing  the  largest  number  of  people  in  the  proposed 
district.  Such  district  must  contain  at  least  sixteen  sections 
of  land  and  be  approved  by  the  county  superintendent.  A 
school  election  is  then  called  and  if  the  majority  of  the 
voters  favor  the  proposition  the  district  becomes  a  con- 
solidated independent  district.  Five  directors  manage  the 
affairs  of  such  district,  and  one  of  their  duties  is  to  provide 
free  transportation  for  all  persons  of  school  age  living  in 
the  district.  The  state  of  Iowa  encourages  the  formation 
of  such  districts  by  giving  them  a  sum  of  money  known  as 
"  state  aid." 

Directors  of  Independent  Districts.  Directors  in  all 
independent  districts  are  elected  on  the  second  Monday  in 
March  for  a  term  of  three  years.  Their  terms  are  so 
arranged  that  there  shall  l)e  a  majority  of  experienced 
directors  on  the  board  each  year. 

Annual  Meetings  of  All  School  Boards.  The  boards  of 
directors  in  township  and  independent  rural  districts  must 
hold  an  annual  meeting  on  the  first  day  of  July  unless  that 
date  falls  on  Sunday,  in  which  case  on  the  day  following, 
for  the  purpose  of  examining  the  liooks  of  and  settling  wnth 


62  IOWA  AND  THE  NATION 

the  secretary  and  the  treasurer  for  the  year,  and  for  the 
transaction  of  such  business  as  may  regularly  come  before 
them.  The  board  then  adjourns  and  the  new  board  meets 
for  the  purpose  of  organizing  by  electing  a  president  from 
their  members  and  a  secretary  and  a  treasurer  from  outside 
their  membership,  the  latter  serving  without  salary. 

The  board  of  directors  in  all  other  districts  meets  on  the 
third  Alonday  in  March  for  the  purpose  of  electing  a  presi- 
dent and  organizing,  and  on  the  first  of  July  for  the  purpose 
of  examining  the  books  of  the  secretary  and  the  treasurer, 
and  electing  a  secretary  for  the  year.  The  treasurer  in  dis- 
tricts composed  in  whole  or  in  part  of  towns  is  not  chosen 
by  the  directors,  but  is  elected  by  the  voters  on  the  second 
Alonday  in  March  for  a  period  of  two  years,  and  serves 
without  salary. 

Pozvers  of  Directors.  School  directors  have  charge  of  the 
general  management  of  the  schools  with  power  to  make 
reasonable  rules  and  regulations,  levy  the  tax  for  the 
teachers'  and  contingent  funds,  and  employ  teachers.  They 
also  have  power  to  carry  out  any  instructions  given  by  the 
voters  at  the  regular  meeting  or  at  special  meetings  called 
for  that  purpose. 

School  Funds.  The  money  for  the  support  of  the 
public  schools  is  obtained  from  the  following  sources : 

1.  The  Permanent  Fund.  The  permanent  fund  is 
obtained  from  the  sale  of  lands  granted  for  school  purposes 
and  from  money  obtained  from  the  estates  of  deceased 
persons  who  may  have  died  without  leaving  any  will  or 
lawful  heirs. 

In  1845  the  Congress  of  the  United  States  set  apart  the 
sixteenth  section  of  land  in  every  unorganized  congressional 
township  for  school  purposes.  When  Iowa  was  admitted 
into  the  Union.  Congress  granted  the  new  state  500,000 
acres  additional  land   for  school  purposes,  and  by   a  later 


EDUCATION  63 

act  five  per  cent  of  the  sale  of  all  i)ublic  lands  in  any  state 
is  paid  into  the  state  treasury  for  the  benefit  of  the  schools 
of  the  state.  This  money  is  distributed  among  the  counties 
of  the  state,  and  loaned  on  real  estate  security  under  the 
direction  of  the  boards  of  supervisors.  There  never  can 
be  any  loss  of  money  from  the  fund,  tor,  should  any  county 
fail  to  invest  the  money  properly,  the  interest  must  be  paid 
out  of  the  general  county  fund  until  such  time  as  the  money 
can  be  returned  to  the  school  fund.  The  permanent  school 
fund  can  never  be  appropriated  to  any  other  use. 

Semi-Annual  Apportionment.  The  interest  upon  the 
permanent  school  fund  is  distributed  among  the  different 
counties  of  the  state  twice  a  year,  and  on  this  account  it  is 
known  as  the  semi-annual  apportionment,  or  public  money, 
as  it  is  frequently  called.  The  basis  of  distribution  of  inter- 
est is  found  by  dividing  the  amount  to  be  distributed  by  the 
number  representing  all  the  persons  of  school  age  in  the 
state.  The  treasurer  of  each  school  district  receives  for  the 
benefit  of  the  teachers'  fund  of  that  district  as  many  times 
the  basis  of  distribution  as  there  are  persons  of  school  age 
in  the  district.  This  interest  is  increased  in  each  county  by 
the  net  proceeds  of  all  fines  and  forfeitures  paid  into  the 
county  treasury,  and  the  amount  received  from  the  county 
school  tax  of  from  one  to  three  mills  on  the  dollar,  which 
is  levied  by  the  county  supervisors. 

2.  Local  Tax.  By  far  the  greater  portion  of  the  money 
needed  for  school  purposes  is  raised  by  a  tax  levied  in  the 
district  in  which  the  school  is  located.  In  addition  to  this 
local  tax  there  is  a  county  school'  tax  of  not  less  than  one 
mill  nor  more  than  three  mills  levied  by  the  board  of  super- 
visors ;  also  a  small  sum  derived  from  fines  and  forfeitures 
in  each  county,  and  from  tuition  of  non-resident  pupils. 

Division  of  Funds.  The  money  for  the  support  of 
schools   is   kept   in    three   separate    funds    in   each    district. 


64  IOWA  AND  THE  NATION 

These  are  known  as  the  teachers'  fund,  which  is  used  for 
the  payment  of  teachers;  the  schoolhouse  fund,  used  in 
building  and  repairing  schoolhouses  and  purchasing  school 
grounds ;  and  the  contingent  fund,  which  is  used  in  the 
purchase  of  supplies  and  the  payment  of  the  incidental 
expenses  of  the  school.  Nearly  all  of  the  money  needed  for 
the  support  of  any  school  is  raised  by  a  tax  levied  on  the 
taxable  property  of  the  district  in  which  the  school  is 
located. 

Teachers'  Fund.  The  teachers'  fund  is  derived  from  the 
semi-annual  apportionment  which  includes  the  interest  on 
the  permanent  school  fund  of  the  state,  fines  and  forfeitures 
of  various  kinds,  and  a  county  school  tax  of  not  less  than 
one  mill,  nor  more  than  three  mills,  on  a  dollar,  which  is 
levied  by  the  board  of  supervisors  on  the  taxable  property 
of  the  county.  The  money  paid  by  non-resident  pupils  as 
tuition  for  the  privilege  of  attending  school  in  a  district  in 
which  they  do  not  reside  also  forms  a  part  of  this  fund. 
In  addition  to  these  sums,  the  directors  of  each  district  on 
the  first  day  of  July,  or  between  that  time  and  the  third 
Monday  in  August  of  each  year,  vote  to  raise  a  tax  for 
teachers"  fund  upon  the  property  of  their  district,  not  to 
exceed  thirty  dollars  for  each  person  of  school  age,  except 
as  provided  for  in  the  next  paragraph. 

Contingent  Fund.  The  contingent  fund  is  raised  by 
taxation  on  the  property  of  each  school  district,  and  is 
estimated  by  the  board  of  directors  at  the  time  of  estimating 
the  teachers'  fund.  The  amount  raised  for  contingent 
expenses  cannot  exceed  ten  dollars  per  pupil,  except  in 
thinly  settled  districts  where  that  amount  and  twenty  dollars 
per  pupil  for  teachers'  fund  is  not  sufficient  to  maintain 
the  schools  for  six  months  of  twenty  days  each  as  required 
by  law.  Seventy-five  dollars  contingent  fund  and  $275 
teachers'    fund    including    the    semi-annual    apportionment. 


EDUCATION  65 

may  be  raised  for  the  support  of  each  school  in  the  state 
every  year. 

Schoolhouse  Fund.  The  schoolhouse  fund  is  derived  from 
the  tax  upon  the  property  of  any  district  in  which  a  school- 
house  is  to  be  built  or  repaired.  This  tax  is  voted  by  the 
electors  of  the  sub-district  or  school  township,  and  cannot 
exceed  ten  mills  on  the  dollar  when  levied  upon  the  property 
of  the  entire  township.  At  the  sub-district  meeting  held  on 
the  first  Monday  in  March,  the  electors  may  vote  to  raise 
a  certain  sum  of  money  for  the  erection  of  a  schoolhouse. 
If  the  electors  at  the  school  township  meeting,  the  following 
Monday,  refuse  to  grant  any  or  all  of  this  amount,  the  tax 
is  levied  on  the  property  of  the  sub-district,  not  to  exceed 
fifteen  mills  on  a  dollar  of  .valuation.  As  a  rule,  the  school- 
house  tax  is  levied  upon  the  whole  district  and  expended  in 
the  sub-districts  as  occasion  may  require. 

School  Libraries.  The  treasurer  of  each  school  town- 
ship and  rural  independent  district  is  required  to  withhold 
annually,  from  the  semi-annual  apportionment,  not  less  than 
five  nor  more  than  fifteen  cents  for  each  person  of  school 
age  residing  in  the  district,  for  the  purchase  of  books  for  a 
school  library.  This  law  may  be  applied  to  town  and  city 
districts  by  vote  of  the  boards  of  directors  thereof. 

Taxes  Certified.  The  district  secretaries  certify  all 
taxes  for  school  purposes  to  the  county  auditor  on  or  before 
the  third  Monday  in  August,  and  the  levy  of  the  taxes  is 
made  by  the  board  of  supervisors  at  the  time  of  levying  the 
taxes  for  county  purposes  at  their  regular  meeting  in  Sep- 
tember.    See  Chapter  \'T.  Taxation. 

Vocational  Education.  \\'e  have  learned  that  if  a  per- 
son is  to  be  a  good  citizen,  he  must  not  only  be  intelligent 
but  useful  as  well.  Recent  investigations  have  shown  that 
a  great  deal  of  the  crime,  pauperism,  discontent  and  other 
social  evils  are  the  result  of  a  large  class  of  citizens  known 


66  IOWA  AND  THE  NATION 

as  the  "  non-employable."  Many  of  these  have  completed 
the  common  schools,  but  having  learned  no  trade  or  other 
vocation,  are  poorly  prepared  to  earn  a  living  and  drift 
from  one  hopeless  occupation  to  another,  and  finally  are 
either  too  old  to  learn  or  are  unwilling  to  work  for  the 
small  wage  offered  an  apprentice,  or  beginner. 

This  condition  has  led  a  great  many  educators  to  conclude 
that  our  public  schools  must  do  much  more  than  to  give 
young  people  a  certain  amount  of  "  book  learning."  Many 
schools  are  now  bringing  young  people  into  direct  contact 
with  the  great  world  of  industry.  They  are  not  only  making 
an  effort  to  give  the  student  a  sympathy  with  the  great 
number  of  desirable  occupations,  and  a  knowledge  of  their 
advantages  and  disadvantages,  but  seek  in  every  possible 
way  to  give  him  such  vocational  guidance  as  will  better 
enable  him  to  find  a  vocation  in  which  he  will  be  happy. 
Many  vocations  are  termed  "  blind  alleys  "  because  they 
do  not  lead  to  anything  higher  and  a  person  reaches  his 
highest  earning  power  in  them  at  the  age  of  sixteen  or 
eighteen.  Schools  are  providing  instruction  which  will 
enable  young  people  to  avoid  such  occupations,  and  thus 
reduce  the  numbers  of  discouraged,  unfortunate,  idle  and 
unemployed  citizens. 

Not  only  are  our  schools  providing  vocational  guidance, 
but  many  of  them  are  affording  opportunities  for  young 
people  to  learn  a  trade  or  other  occupation  while  attending 
school.  Vocational  subjects  are  taught  with  two  general 
ends  in  view :  ( 1 )  to  give  actual  skill  in  a  particular  voca- 
tion enabling  the  student  to  earn  a  living  thereby;  and  (2) 
to  vitalize  and  motivate  the  ordinary  school  subjects,  and 
to  broaden  the  student's  knowledge  of  the  practical  affairs 
of  life.  In  this  way,  domestic  science  vitalizes  or  gives 
interest  to  arithmetic,  chemistry,  physiology  and  hygiene  and 
other  subjects,  while  agriculture  and  manual  training  may 


One-Ruum   Rural   School 


Consolidated  Rural   School 


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F.DUCA'I-IOX  67 

serve  a  similar  purpose.  The  'riiiriN-ril'ih  (Jeneral  Assembly 
provided  that  a,L;ricuhure,  domestic  science  an<l  manual 
training  l)e  taught  in  all  public  schools  of  Iowa. 

Another  form  of  vocational  training-  f(jund  in  a  large 
number  of  higli  schools  in  the  state  is  normal  training.  The 
object  of  this  course  of  study  is  to  prepare  teachers  for  the 
rural  schools.  After  satisfactorily  completing  a  course  of 
study  prescribed  by  the  state  department  of  public  instruc- 
tion, students  are  granted  a  state  normal  training  certilicate 
which  entitles  them  to  teach  in  any  school  in  Iowa.  The 
state  pays  each  such  school  $750  each  }'ear  to  aid  it  in 
carrying  on  the  work. 

The  Community  Center.  School  plants  are  being  used 
more  and  more  as  social  centers  for  the  community.  It 
seems  right  that  the  schools  wdiich  are  the  property  of  all 
the  citizens  should  be  used  for  purposes  where  all  may 
meet  in  common.  ^Nlany  schools  both  in  rural  and  city 
districts  are  being  used  for  community  gatherings  where 
politics,  civic  improvement  and  many  other  matters  of 
public  interest  are  discussed.  They  are  used  also  for  lec- 
tures, entertainments.  Boy  Scout,  Camp  Fire  Girls  and  other 
gatherings.  High  school  plants  with  gymnasium  facilities, 
with  moving  picture  and  stereopticon  apparatus  increase 
the  opporttinities  of  using  the  school  as  a  center  of  improve- 
ment for  the  community. 

Buildings  and  Grounds.  There  is  probably  no  particu- 
lar in  which  there  has  been  a  greater  change  in  our  schools 
than  in  the  buildings,  equipment  and  grotuids.  Modern 
school  buildings  are  properly  lighted,  heated  and  ventilated. 
The  dangers  of  unsanitary  buildings,  where  disease  is  easily 
communicated,  w^here  the  eyes  are  injured  by  wrong  light- 
ing, and  where  the  bodies  are  often  deformed  Ijy  impro]:)er 
seats  and  desks,  cannot  be  too  greatly  emphasized. 

Large,  well-equipped  school  grounds,  which  may  be  used 


68  IOWA  AND  THE  NATION 

in  the  summer  months  as  well  as  during  the  regular  school 
year,  are  being  provided.  Many  modern  country  schools 
have  playgrounds,  covering  fifteen  or  twenty  acres.  Most 
playgrounds  are  much  smaller,  of  course,  especially  in  the 
cities  where  space  is  limited,  but  in  many  of  these  places 
playground  experts  are  employed  to  direct  the  play  of 
children,  for  it  is  now  realized .  that  many  of  the  most 
important  lessons  of  life  are  learned  through  well-directed 
games. 

County  Superintendent.  The  county  superintendent  is 
the  chief  school  officer  of  the  county.  He  is  elected  by  a 
board  consisting  of  the  presidents  of  each  school  township, 
consolidated  independent  and  city  independent  school  dis- 
trict, together  with  a  representative  of  each  township,  com- 
posed in  whole  or  in  part  of  rural  independent  districts. 
The  election  occurs  on  the  first  Tuesday  in  April  every 
third  year,  and  he  assimies  the  duties  of  his  office  on  the 
first  secular  day  of  September  following  his  election. 

The  county  superintendent,  who  may  be  of  either  sex, 
must  be  the  holder  of  a  first-grade  certificate,  or  a  life 
diploma.  During  his  term  of  office  he  cannot  hold  the 
office  of  school  director,  nor  be  a  member  of  the  board  of 
supervisors. 

He  serves  as  the  organ  of  communication  betw-een  the 
superintendent  of  public  instruction,  and  the  school  tow'n- 
ship  and  independent  district  authorities.  He  sees  that 
these  officials  and  the  teachers  of  his  county  are  supplied 
with  all  necessary  blanks,  and  that  they  receive  all  cir- 
culars or  other  communications  designed  for  them. 

He  is  required  to  visit  schools  and  promote  the  best 
methods  of  instrv;ction,  to  hold  examinations  for  those 
desiring  teachers'  certificates,  and  to  perform  such  other 
duties  as  the  law  requires.  His  minimum  compensation  is 
$1,500  a  year.  The  board  of  supervisors,  however,  may  allow 


EDUCATION  69 

liim  such  additional  compensation  "as  may  be  just  and 
proper."  He  is  also  allowed  the  expenses  necessary  for 
office  stationery  and  postage,  and  the  expenses  incurred  in 
attending  the  meetings  called  by  the  superintendent  of  public 
instruction. 

Normal  Institute.  The  county  superintendent  is  required 
to  hold  at  least  one  but  not  more  than  two  county  teachers' 
institutes  at  such  times  as  the  schools  are  generally  in  ses- 
sion. A  normal  institute  is  a  special  training  school  for 
teachers,  and  the  county  superintendent  employs  several 
prominent  teachers  to  carry  on  the  work.  No  person  can 
be  employed  to  teach  in  an  institute  without  the  consent  of 
the  state  superintendent  of  public  instruction. 

Teachers'  Certificates.  Although  the  county  superin- 
tendent is  required  to  conduct  teachers'  examinations,  he 
does  so  under  the  direction  of  the  educational  board  of 
examiners,  by  whom  all  licenses  to  teach  are  now  issued. 
At  stated  times,  examinations  are  conducted  in  each  county 
by  the  county  superintendent,  but  the  manuscripts  are 
examined  and  certificates  granted  to  applicants  found  quali- 
fied by  the  state  board.  A  life  diploma  is  valid  during  the 
life  of  the  holder.  State  certificates  are  issued  for  five  years 
and  also  for  two  years  and  county  certificates  for  terms 
varying  from  six  months  to  three  years  according  to 
qualifications  of  the  holders.  The  fee  charged  for  exam- 
ination for  a  life  diploma  is  five  dollars ;  that  for  a  two 
year  certificate,  two  dollars,  and  for  uniform  county  cer- 
tificates, one  dollar.  All  grades  of  certificates  are  valid  in 
any  county  in  the  state  when  registered  with  the  county 
superintendent. 

The  following  grades  of  certificates  are  now  authorized 
by  law  in  this  state:  life  diplomas,  state  and  special  cer- 
tificates, and  first,  second,  and  third  grade  certificates,  all  of 


70  IOWA  AND  THE  NATION 

which  are  issued  by  the  educational  board  of  examiners  of 
the  state. 

Appeals.  Any  person  who  is  nut  satisfied  witli  the  action 
of  any  school  board  may  appeal  from  the  board  to  the 
county  superintendent.  The  appeal  must  be  made  within 
thirty  days  after  the  decision  of  the  local  board,  and  in  a 
manner  prescribed  by  law.  The  county  superintendent  can- 
not, however,  decide  cases  involving  the  election  of  school 
officers  or  the  payment  of  money.  Such  cases  cannot  be 
taken  before  him  on  appeal,  but  nuist  be  tried  in  the  courts. 

Report.  On  the  last  Tuesday  in  August  of  each  year, 
the  county  superintendent  is  required  to  render  the  state 
superintendent  of  public  instruction  a  complete  abstract  and 
summary  of  the  reports  made  to  him  by  the  secretary  and 
treasurer  of  each  district  in  the  county,  together  with  much 
other  valuable  information  concerning  the  schools  under 
his  charge.  This  report  shows  the  total  value  of  school 
property  in  the  county,  the  number  of  schools,  teachers 
employed,  pupils  enrolled,  persons  of  school  age,  the  amount 
expended  for  the  support  of  schools  during  the  year,  and 
many  other  items  of  interest. 

At  the  same  time,  he  is  recjuired  to  file  with  the  county 
auditor  a  statement  of  the  nmnber  of  persons  of  school  age 
in  each  school  district  in  the  county.  He  reports  to  the 
officers  of  the  different  state  institutions  for  the  unfor- 
tunate, the  name,  age  and  residence  of  each  person  of  school 
age  who  is  blind,  deaf  and  dumb,  or  feeble  minded. 

II.     State  Department  ok  Education 

Origin.  The  state  department  of  education  took  the 
place  of  the  board  of  education  in  1864. 

Superintendent     of     Public     Instruction.       The     state 


]-:ducatiox     .  71 

supcrintciKk'iu  of  public  instruction  is  api)ointc(l  by  tbc 
governor  (or  a  term  of  four  \cars.  lie  is  at  the  head  of  the 
l)ubHc  school  system  and  has  general  supervision  of  the 
schools  of  the  state.  I  le  holds  con \enl ions  of  county  super- 
intendents, from  time  to  time,  for  the  purpose  of  giving 
explanations  and  instructions  that  will  advance  the  interests 
of  school  work  throughout  the  state.  15y  virtue  of  his  office 
he  is  president  of  the  educational  board  of  examiners.  He 
renders  a  written  opinion  to  any  school  officer  who  may 
desire  it,  and  also  decides  all  appeals  from  the  county 
superintendent,  when  properly  made. 

School  Laws.  At  the  end  of  every  fourth  year,  he  has  a 
sufficient  number  of  the  school  laws  and  decisions  printed 
to  supply  each  district  in  the  state  with  at  least  one  copy, 
bound  in  cloth,  and  enough  paper-covered  copies  of  the 
school  laws  to  furnish  one  to  each  school  officer  in  the  state. 

Reports.  On  the  hrst  day  of  January  of  each  year,  he 
reports  to  the  auditor  of  state  the  number  of  persons  of 
school  age  in  each  county.  On  or  before  November  first 
of  each  even-numbered  year,  he  reports  to  the  governor  the 
number  of  teachers,  schools  and  schoolhouses,  the  condi- 
tion of  the  public  schools,  and  such  other  information  as 
has  been  reported  to  him  by  the  county  superintendents.  The 
proceedings  of  the  state  teachers'  association  are  also  pub- 
lished under  his  direction  for  distribution  according  to  law. 
It  is  also  his  duty  to  appoint  a  normal  institute  in  each 
county,  annually,  upon  the  request  of  the  county 
superintendent. 

Salary.  He  is  provided  with  an  office  at  the  seat  of  gov- 
ernment, in  which  he  keeps  all  the  records,  reports  and 
other  public  documents  belonging  to  his  office.  His  bond  is 
not  less  than  $2,000.  His  compensation  is  $4,000  a  year, 
and  that  of  his  deputy,  $2,500. 


71  lOVv^A  AND  THP:  NATION 

Educational  Boards  of  Examiners,  The  educational 
board  of  examiners  is  composed  of  the  state  superintendent 
of  public  instruction,  the  president  of  the  state  university, 
the  president  of  the  state  teachers'  college,  and  two  other 
persons,  appointed  by  the  governor  for  the  period  of  four 
years.  One  of  the  persons  appointed  must  be  a  woman, 
and  no  person  is  eligible  to  re-appointment.  The  super- 
intendent of  public  instruction  is,  ex-officio,  president  of  the 
board.  A  secretary  is  also  employed  at  a  salary  of  ^75  a 
month. 

III.     State  Educational  Institutions 

State  University.  Iowa  has  been  very  liberal  in  estab- 
lishing higher  institutions  of  learning  and  in  providing  for 
the  unfortunate  of  all  classes.  The  State  University  was 
organized  by  the  constitution  and  permanently  located  in 
Iowa  City  in  Johnson  county.  The  other  institutions  have 
been  established  by  acts  of  the  General  Assembly,  passed  at 
different  times  in  our  history. 

Purpose.  The  State  University  was  established  for  the 
purpose  of  furnishing  young  men  and  women  the  best 
means  of  obtaining  a  liberal  education.  In  order  to  foster 
higher  education.  Congress,  before  Iowa  was  admitted  into 
the  Union,  passed  a  law  granting  to  new  states  two  town- 
ships of  land  to  aid  in  establishing  a  State  University  in 
each.  When  this  land  was  sold  the  money  received  became 
a  permanent  fund  for  the  benefit  of  the  university.  This 
money  is  permanently  invested  and  the  interest  on  it  is  used 
for  the  support  of  the  institution.  Recent  general  assemblies 
have  increased  the  general  support  fund  of  the  institution 
and  granted  special  appropriations  for  buildings  until  at 
the  present  time  the  annual  income  of  the  university  is 
over  a  half  million  dollars. 


EDUCATION  72> 

Courses  of  Study.  The  university  embraces  a  graduate 
college,  colleges  of  liberal  arts,  law,  medicine,  homeopatliic 
medicine,  dentistry,  pharmacy  and  applied  science,  a  school 
of  political  and  social  science,  a  school  of  music  and  two 
nurses'  training  schools.  The  college  of  liberal  arts  offers 
classical  and  scientific  courses  as  well  as  special  courses  for 
the  training  of  teachers.  The- college  of  applied  science 
offers  courses  in  civil,  electrical,  mechanical,  sanitary,  min- 
ing and  chemical  engineering,  besides  courses  in  forestry 
and  chemistry.  There  are  about  3,000  students  in 
attendance. 

Iowa  State  College.  The  agricultural  college  and  farm 
were  provided  for  by  the  General  Assembly  in  1858.  Com- 
missioners were  soon  afterwards  appointed,  and  the  site  for 
the  college  was  located  at  Ames,  in  Story  county.  In  1862, 
Congress  passed  a  law  granting  to  each  state  30,000  acres 
for  each  senator  and  representative  the  state  had  in  congress. 
According  to  the  provisions  of  this  law^,  the  agricultural 
college  of  Iowa  received  240,000  acres.  This  land  was  sold 
in  after  years,  and  the  interest  on  the  money  received  from 
the  sale  of  it  is  used  for  the  benefit  of  the  school.  The  law 
of  Congress  requires  that  the  buildings  must  be  erected 
and  kept  in  repair  at  the  expense  of  the  state. 

Purpose.  The  purpose  of  the  school  is  to  furnish  instruc- 
tion in  the  branches  of  study  relating  to  agriculture  and  the 
mechanic  arts,  without  excluding  other  classical  and  scien- 
tific studies.  The  courses  provide  for  the  systematic  study 
of  agriculture  and  dairying,  veterinary  science,  civil, 
mechanical  and  electrical  engineering,  and  a  four-years' 
course  for  ladies.  The  tuition  is  free  to  all  inhabitants  of 
the  state  over  sixteen  years  of  age.  The  farm  is  an  excel- 
lent one,  and  consists  of  nearly  900  acres  of  land  specially 
suited  to  the  needs  of  the  school.  An  experiment  station 
is  maintained  at  the  expense  of  the  state. 


74  IOWA  AND  THE  NATION 

The  State  Teachers'  College.  The  State  Teachers'  Col- 
lege was  established  by  the  General  Assembly  in  March, 
1876,  at  Cedar  Falls,  Black  Hawk  county,  as  the  State 
Normal  School,  and  was  formally  opened  the  following 
September.  The  buildings  and  grounds  were  the  property 
of  the  state,  they  having  been  provided  for  the  use  of  the 
Soldiers'  Orphan  Home  some  years  before.  The  object 
of  the  school  is  to  provide  for  the  special  instruction  and 
training  of  teachers  for  the  common  schools  of  the  state. 

Purpose.  The  course  of  study  embraces  literature, 
mathematics,  history,  the  elements  of  the  sciences,  and 
didactics.  A  preparatory  department  has  recently  been 
established.  How  to  teach  each  branch  of  study  pursued 
is  made  a  prominent  feature  of  all  the  work  of  the  school. 
This  institution  is  in  a  very  flourishing  condition,  and  its 
influence  is  felt  in  raising  the  standard  of  educational  work 
in  the  state.  There  are  now  about  2,000  students  in 
attendance. 

Course  of  Study.  ]\Iany  courses  of  study  are  now  pro- 
vided. The  scientific  course  of  four  years  is  designed  to 
prepare  students  for  life  diplomas.  The  didactic  course  of 
three  years  includes  all  the  branches  upon  which  applicants 
are  examined  for  state  certificates.  There  are  also  special 
courses  for  college  and  high  school  graduates  who  desire  to 
study  the  science  and  art  of  teaching.  A  contingent  fee 
amounting  to  ten  dollars  a  year  is  charged  all  students  who 
intend  to  teach  on  leaving  the  school.  There  is  no  regular 
charge  for  tuition  except  to  those  who  do  not  intend  to  teach. 

State  Board  of  Education.  In  1^09  a  law  was  passed 
by  the  legislature  which  places  the  State  University,  the 
Iowa  State  College,  and  the  Teachers'  State  College  under 
the  management  of  a  single  board  of  control.  This  body 
is  called  the  State  Board  of  Education  and  it  consists  of 
nine  members.     The  term  of  office  of  members  is  six  vear?, 


EDUCATION  75 

and  llicy  are  ajipoinlcd  ])y  the  goNcnior  with  the  consent  oi. 
the  senate.  The  board  of  education  select  a  finance  com- 
mittee of  three,  outside  of  its  own  membership,  and  to  this 
committee  is  entrusted  the  management  of  the  financial 
afi"airs  of  the  educational  institutions  above  mentioned. 
Members  of  the  board  of  education  are  paid  seven  dollars 
for  each  day  employed,  not  to  exceed  sixty  days  in  any  one 
year,  and  mileage.  Members  of  the  finance  committee  are 
required  to  devote  their  entire  time  to  the  discharge  of  their 
duties,  and  are  allowed  an  amnial  salary  of  $3,500  dollars 
each  and  actual  expenses. 

College  for  the  Blind.  This  college  was  opened  for  the 
reception  of  pupils  at  Iowa  City,  April  4,  1853.  Five  years 
later,  the  board  of  trustees  met  at  X'inton,  Benton  county, 
and,  in  accordance  with  law,  began  the  erection  of  a  suitable 
building  at  that  place.  In  1862  the  building  was  so  far 
completed,  that  the  school,  consisting  of  about  forty  pupils, 
was  opened  in  it. 

The  college  for  the  blind  was  placed  under  the  control 
of  the  State  Board  of  Education  in  1911. 

All  blind  persons  of  suitable  age,  residents  of  the  state, 
may  receive  an  education  here  free  of  charge,  and  residents 
of  other  states  may  be  admitted  upon  the  payment  of  their 
estimated  expenses,  quarterly  in  advance.  No  person  from 
another  state  will  be  received  to  the  exclusion  of  any  resi- 
dent of  Iowa. 

The  course  of  study  includes  all  the  common  branches 
and  many  others  usually  taught  only  in  the  best  high  schools. 
Music  receives  special  attention,  and  musical  instruments 
of  all  kinds  have  been  provided  for  the  instruction  or 
amusement  of  the  pupils.  The  girls  are  taught  to  sew,  knit, 
crochet,  weave,  and  to  do  many  other  useful  things.  The 
boys  are  taught  to  make  brooms,  weave  carpets,  and  to  do 
such  other  work  as  will  enable  them  to  be  self-supporting. 


76  IOWA  AND  THE  NATION 

Iowa  School  for  the  Deaf.  The  institution  for  the  deaf 
and  dumb  was  estabhshed  at  lovva  City,  in  1853,  permanently 
located  at  Council  Bluffs,  July  4,  1866,  and  removed  to  that 
place  in  1871.  Every  deaf  and  dumb  child  in  the  state, 
of  suitable  age,  is  entitled  to  an  education  in  this  school,  at 
the  expense  of  the  state.  The  instruction  given  is  of  a 
very  practical  nature,  and  the  course  of  study  embraces  those 
branches  that  will  be  of  the  greatest  benefit  to  the  pupils. 

Institution  for  Feeble-Minded  Children.  In  the  words 
of  the  statute,  "  The  purposes  of  this  institution  are  to  train, 
instruct,  support  and  care  for  feeble-minded  children,"  It 
is  located  at  Glenwood,  Mills  county.  The  management  is 
in  the  hands  of  a  superintendent,  who  is  appointed  by  the 
Board  of  Control.  He  gives  bonds  for  the  faithful  per- 
formance of  his  duties,  in  such  a  sum  as  the  board  may 
direct.  Every  resident  of  the  state,  between  the  ages  of 
five  and  twenty-one  years  who  by  reason  of  deficient  intel- 
lect, is  rendered  unable  to  acquire  an  education  in  the  com- 
mon schools,  is  entitled  to  the  advantages  offered  by  this 
institution,  free  of  charge. 

The  term  "  feeble-minded  "  is  intended  to  include  idiotic 
children,  and  a  separate  department  is  provided  for  those 
who  cannot  be  benefited  by  educational  training.  All  feeble- 
minded persons  under  the  age  of  forty-six,  and  residents  of 
Iowa,  may  now  be  received  as  members  of  this  institution. 

QUESTIONS  AND  SUGGESTIONS 

1.  In  what  kind  of  school  corporation  do  you  live?  Name 
the  present  directors. 

2.  What  are  the  advantages  of  consolidated  rural 
schools  ?    How  does  the  state  encourage  consolidation  ? 

3.  Is  a  school  township  more  like  a  congressional  town- 
ship or  more  like  a  civil  township?     Distinguish  the  three 


1 


EDUCATION  77 

kiiul.^  (jl  low  iisliips.  Do  the  school  to\\ii>hip  and  civil  town- 
ship dilfer  more  in  jihxsical  area  or  in  organization  and 
function  ? 

4.  Name  the  general  powers  of  school  directors.  Make 
a  list  of  as  many  specific  things  as  you  can  which  a  board 
might  do  under  its  power  to  have  charge  of  the  general 
management  of  the  schools. 

5.  Distinguish  clearly  between  the  school  meetings  that 
occur  on  the  first  Monday  in  March,  tlie  second  Alonday  in 
March,  the  third  Monday  in  March,  and  the  first  day  of 
July. 

6.  F'rom  what  difi^erent  sources  does  the  money  come 
for  the  supi)ort  of  schools?  In  what  funds  is  all  this 
money  placed? 

7.  Name  as  many  advantages  as  you  can  of  well-ecjuipped 
and  well-directed  school  playgrounds. 

8.  Can  pupils  study  better  in  well-ventilated  schools? 
Name  the  things  in  which  great  care  should  be  taken  in 
constructing  new  school  buildings.  If  you  do  not  have  a 
modern  school  building,  secure  plans  and  specifications  of 
one  from  the  county  superintendent  or  from  an  architect, 
and  make  a  careful  study  of  them. 

9.  For  what  activities  is  your  school  plant  used  as  a 
community  center?  ' 

10.  What  IS  vocational  education?  What  is  vocational 
guidance?  What  vocational  subjects  are  required  by  law  to 
be  taught  in  all  Iowa  schools?  Do  you  know  of  any  voca- 
tional subjects  that  are  being  taught  in  schools?  What  are 
"  blind  alley  "  vocations  ?  Secure  as  much  information  as 
you  can  concerning  the  vocations  in  your  community. 

11.  Why  must  we  have  free  schools  in  a  government 
"  by  the  people  "  ?  In  what  ways  may  ignorant  voters  be 
dangerous?  In  what  ways  may  intelligent  voters  help  to 
make  their  communitv,  their  state  and  their  nation  better? 


78  IOWA  AND  THE  NATION 

THE  SONG  OF  IOWA 

I 

You  ask  what  land  I  love  the  best, 

Iowa,  "tis  Iowa, 
The  fairest  State  of  all  the  west, 

Iowa,  O!   Iowa. 
From   yonder   Mississippi's   stream 
To  where  Missouri's  waters  gleam 
0 !  fair  it  is  as  poet's  dream, 

Iowa,  in  Iowa. 

II 
See  yonder  fields  of  tasselled  corn, 

Iowa,  in   Iowa, 
Where   Plenty   fills   her  golden  horn, 

Iowa,  in  Iowa. 
See    how    her   wondrous   prairies    shine 
To  yonder  sunset's  purpling  line, 
O !  happy  land,  O  !   land  of  mine, 

Iowa,  O  !   Iowa. 

Ill 
And  she  has  maids  whose  laughing  eyes, 

Iowa,    O !    Iowa, 
To  him  who   loves  were  Paradise, 

Iowa,  O  1  Iowa. 
O !    happiest    fate   that   e'er   was   known, 
Such  eyes  to  shine  for  one  .alone, 
To  call  such  beauty  all  his  own, 

Iowa,  O !   Iowa. 

IV 

Go   read   the   story   of  thy  past, 

Iowa,  O !  Iowa, 
What  glorious  deeds,  what   fame   thou   hast ! 

Iowa,  O  !  Iowa  : 
So  long  as  time's  great  cycle  runs, 
Or  nations  weep  their  fallen  ones, 
Thou'lt   not    forget   thy   patriot   sons, 

Iowa,  O !  Iowa. 

— S.  H,  M.   BYERS. 


PART  II 


STATE  GO\'ERNAIENT 

CHAPTER  I 

IOWA 
I.     History 

Discovery.  The  discovery  of  Iowa  was  made  by  two 
Frenchmen,  James  Marquette  and  Louis  Johet,  in  1673. 
Iowa  is  an  Indian  name  which  means  "  The  Beautiful  Land," 
and  the  state  seems  to  have  been  properly  named.  France 
laid  claim  to  the  territory  along  the  Mississippi  River  on 
account  of  the  so-called  right  of  discovery,  and,  for  ninety 
years,  Iowa  belonged  to  France.  In  1763  the  French  king 
granted  his  possessions  in  the  Mississippi  \'alley  to  Spain, 
but  Napoleon  compelled  that  nation  to  make  a  secret  grant 
of  this  territory  to  him.  in  1801.  In  1803,  the  United  States 
bought  from  Napoleon  the  tract  of  land  known  as  the 
Louisiana  Purchase,  for  $15,000,000.  The  tract  contained 
about  1,000,000  square  miles,  and  the  purchase  price 
amounted  to  less  than  two  and  one-half  cents  per  acre. 

Settlement.  In  1788,  Julien  l)ul)U(|ue  obtained  per- 
mission from  three  chiefs  of  the  Sacs  and  Foxes  to  dig  for 
lead  ore  on  the  west  bank  of  the  Mississippi.  The  same 
year,  he  staked  out  a  claim  containing  nearly  200  square 
miles,  and  opened  several  mines  which  he  continued  to  work 

70 


80  IOWA  AND  THE  NATION 

for  more  than  twenty  years.  Dubuque,  with  his  ten  asso- 
ciates, formed  the  first  settlement  made  by  the  whites  in 
Iowa,  and  the  cit\'  and  county  of  Dubuque  were  named  in 
his  honor.  Other  Frenchmen  settled  along  the  Mississippi 
north  of  Dubuque,  about  the  beginning  of  the  present  cen- 
tury, but  the  settlements  were  very  feeble. 

History  of  Territory.  In  1804,  the  Louisiana  Purchase 
was  divided  by  the  thirty-third  parallel  of  north  latitude, 
the  southern  part  to  be  known  as  the  territory  of  Orleans, 
the  northern  part,  as  the  district  of  Louisiana.  The  district 
of  Louisiana,  embracing  the  present  states  of  Arkansas, 
Missouri,  low^a  and  Minnesota,  and  the  unexplored  regions 
westward  to  the  Rocky  Alountains,  was  attached  to  Indiana, 
with  William  Henry  Harrison  for  first  governor.  Eight 
years  later,  Iowa  was  organized  as  a  part  of  the  territory  of 
Missouri.  In  1821,  when  Missouri  was  admitted  into  the 
Union,  Iowa  was  left  out  in  the  cold,,  politically,  and  no  pro- 
vision was  made  for  the  remainder  of  the  Louisiana  Pur- 
chase until  1834,  when  it  became  a  part  of  the  territory  of 
Michigan.  This  connection  lasted  but  a  short  time,  how- 
ever, for  two  years  later,  Iowa  became  a  part  of  the  territory 
of  Wisconsin. 

lozi'a  Tcniiory.  In  1838,  that  part  of  the  territory  of 
Wisconsin  l3ing  west  of  the  Mississippi  was  organized  as 
the  territory  of  Iowa,  and  Robert  Lucas,  of  Ohio,  was 
appointed  governor.  Under  his  direction,  the  first  census 
was  taken,  members  of  the  legislature  were  chosen,  and 
civil  government  in  Iowa  was  begun.  The  act  of  congress 
that  provided  for  the  organization  of  this  territory  gave 
the  governor  full  power  to  veto  any  and  all  acts  of  the 
legislature. 

Constitutional  Conzrntion.  In  1840,  and  again  in  1842, 
attempts  were  made  to  call  a  convention  to  draft  a  state 
constitutio-1.  liut  without  success.     In  1844,  however,  a  con- 


IOWA  81 

vention  called  for  this  inirposc,  met  in  Iowa  Chy,  and 
drafted  a  constitution,  which  prescriljed  boundaries  dit^erinjjj 
very  much  fi-om  the  present  boundaries  of  Iowa.  Within 
these  limits  was  included  a  large  part  of  what  is  now  Minne- 
sota, as  well  as  all  of  Iowa,  except  a  small  portion  of  the 
northwestern  part  of  the  state,  embracing  the  counties  of 
Lyon,  Osceola  and  Sioux,  and  parts  of  three  or  four  adjoin- 
ing counties. 

Iowa  a  State.  These  boundaries  proved  to  be  unsatis- 
factory to  Congress,  and  new  ones  w-ere  proposed  by  that 
body.  The  meridian  of  17°  30'  west  from  Washington  was 
to  be  the  western  boundary,  and  the  northern  boundary 
was  changed  so  as  to  limit  the  state  in  that  direction  also. 
In  April,  1845,  this  constitution,  owing  to  the  dissatisfac- 
tion with  regard  to  the  boundaries,  was  rejected  by  the 
people.  After  another  unsuccessful  attempt  in  the  follow- 
ing year,  a  constitution  with  the  present  boundaries,  which 
had  been  proposed  by  Congress,  was  adopted  August  3,  1846, 
and  December  28,  of  the  same  year,  Iowa,  the  twenty-ninth 
state,  was  admitted  into  the  Union. 

Old  Constitution.  The  constitution,  adopted  by  the  people 
of  Iowa  just  before  the  state  was  admitted  into  the  Union, 
is  known  as  the  old  constitution.  Some  of  its  provisions 
proved  to  be  unsatisfactory,  and,  in  the  early  part  of  1857, 
a  convention  met  at  Iowa  City,  and  drafted  the  present 
constitution.  The  work  of  this  convention  was  completed 
in  March  of  that  year.  Several  of  its  members  afterwards 
held  important  positions  in  the  state  and  nation. 

New  Constitution.  By  its  own  terms,  this  draft  of  a  con- 
stitution was  submitted  to  the  electors  of  the  state  at  an 
election  held  in  August.  1857.  A  majority  of  the  votes 
cast  at  that  time  were  in  favor  of  its  adoption,  and  the 
governor  immediately  issued  a  proclamation  declaring  the 
new  constitution  to  be  the  supreme  law  of  Iowa. 


82  IOWA  AND  THE  NATION 

Early  Settlers.  Reference  has  already  been  made  to  the 
early  settlements  in  Iowa.  The  permanent  settlement  of 
the  state  did  not  begin  until  after  the  close  of  the  Black 
Hawk  War,  in  1832.  In  June  of  the  next  year,  people  from 
Illinois,  Wisconsin  and  ^Michigan  pushed  across  the  Missis- 
sippi, and  staked  out  claims  at  Fort  Madison,  Burlington, 
Davenport  and  several  other  places  along  the  river. 

A  noted  author,  in  speaking  of  these  settlers,  says :  "  The 
pioneers  of  Iowa  as  a  class  were  brave,  hardy,  intelligent 
and  enterprising  people.  Among  those  who  have  pioneered 
the  civilization  of  the  West,  and  been  founders  of  great 
states,  none  have  ranked  higher  in  the  scale  of  intelligence 
and  moral  worth  than  the  pioneers  of  Iowa  who  came  to 
the  territory  when  it  was  still  an  Indian  country,  and 
through  hardship,  privation  and  suffering,  laid  the  founda- 
tions of  this  great  and  prosperous  commonwealth,  which 
today  dispenses  her  blessings  to  more  than  a  million  and  a 
half  of  people.  In  all  the  professions,  arts,  industries  and 
enterprises  which  go  to  make  up  a  great  and  prosperous 
people,  Iowa  has  taken  and  holds  a  front  rank  among  her 
sister  states  of  the  West." 

Indian  Claims.  The  territory  obtained  from  the 
Indians  by  the  Black  Hawk  Purchase  extended  along  the 
Mississippi  from  the  northern  boundary  of  Missouri  to  the 
mouth  of  the  Upper  Iowa  River.  The  strip  averaged  about 
50  miles  in  width,  and  contained  nearly  6,000,000  acres,  or 
about  one-sixth  of  the  present  area  of  Iowa. 

Half-Breed  Tract.  In  a  former  treaty  with  the  Sac  and 
Fox  Indians,  a  valuable  tract  of  land,  containing  nearly 
113,000  acres,  was  reserved  for  the  half-breeds  of  these 
tribes.  This  land  was  situated  in  what  was  afterwards 
the  southern  part  of  Lee  county.  The  covetous  eyes  of  land 
speculators  were  soon  turned  towards  this  reservation,  and 


IOWA  83 

companies  were  formed  lor  ihe  purpose  of  i)urchasiiii;-  the 
rights  of  the  half-breeds  to  the  soil.  As  might  have  been 
expected,  conflicting  claims  arose,  and  several  years  were 
spent  in  litigation.  At  last,  the  supreme  court  apjKjinted 
commissioners  to  settle  the  vexing  question.  These  men 
divided  the  tract  into  101  shares,  and  the  titles  granted  by 
them  were  afterwards  declared  valid  b}-  tlie  courts. 

In  1842,  the  government  made  another  treaty  with  the 
Sacs  and  Foxes,  and  by  its  terms  gained  possession  of  tlie 
remainder  of  the  lands  belonging  to  those  tribes  in  Iowa. 
The  Indians  were  to  retain  possession  of  the  land  till  the 
first  of  ]\Iay,  1843.  This  region  had  been  thoroughly 
explored  by  the  whites,  but  the  United  States  authorities  had 
prevented  any  settlements  from  being  made.  As  the  time 
for  the  opening  of  the  land  to  settlers  drew  near,  hundreds 
of  families  encamped  along  the  line,  and  by  sundown  of 
the  first  of  -May,  over  1,000  families  had  settled  in  this  new 
territory.  These  settlers  were  simply  squatters,  for  the 
lands  occupied  by  them  had  never  been  surveyed,  and  still 
belonged  to  the  general  government. 

Land  Sale.  Under  the  law^s  of  the  United  States  then 
in  force,  all  lands  subject  to  settlement  were  to  be  offered 
at  public  sale  and  sold  to  the  highest  responsible  bidder.  If 
the  land  could  not  be  sold  for  want  of  bidders,  actual 
settlers  acquired  the  right  to  enter  it  at  the  minimum  price 
of  $1.25  per  acre.  When  Iowa  was  admitted  into  the  Union, 
there  were  27  organized  counties,  but  immigration  had  been 
so  rapid  that  many  of  the  100,000  settlers  had  founded 
homes  for  themselves,  even  before  the  lands  were  surveved 
or  the  counties  organized. 

Capitals.  The  first  session  of  the  legislature  of  the 
territory  of  Iowa  convened  at  Burlington,  in  1839.  Nearly 
all  of  its  meetings  were  held  in  the  \l.  E.  church  of  that 


84  lOWfV  AND  THE  NATION 

place.  In  the  early  part  of  the  session,  three  commission- 
ers were  appointed  to  select  a  site  for  a  permanent  seat  of 
government  within  the  limits  of  Johnson  county.  The 
commissioners  selected  a  section  of  land,  caused  it  to  be 
surveyed  into  town  lots,  and  in  accordance  with  an  act  of 
the  legislature,  named  the  place  Iowa  City.  Work  on  the 
public  buildings  was  begun  at  once,  and  on  July  4,  1840, 
Governor  Lucas  reported  to  the  legislature  that  the  founda- 
tion of  the  capitol  was  nearly  completed. 

At  the  first  session  of  the  state  legislature,  it  was 
decided  that  Iowa  City  was  too  near  the  eastern  boundary 
of  the  state  for  a  permanent  seat  of  government.  It  was 
accordingly  determined  to  re-locate  the  capital  at  some  point 
nearer  the  geographic  center  of  the  state.  The  commission- 
ers appointed  to  select  the  new  site  chose  five  sections  of 
land  in  the  southwestern  part  of  Jasper  county,  and  called 
the  town  which  they  laid  out  Monroe  City.  The  public 
buildings  at  Iowa  City  were  to  be  given  to  the  State  Uni- 
versity, which  had  been  established  the  year  before. 

But  Monroe  City  did  not  thrive,  and  the  legislature  con- 
tinued to  meet  at  Iowa  City.  In  1855,  an  act  was  passed 
removing  the  capital  to  Des  Moines,  and,  three  years  later, 
the  legislature  began  its  work  at  that  place.  In  a  few 
years  the  capitol  building  was  found  to  be  inadequate  to  the 
wants  of  the  growing  state,  and,  in  1870,  $150,000  was 
appropriated  for  a  new  building.  Other  appropriations 
amounting  to  more  than  $2,500,000  have  since  been  made, 
and  the  new  capitol  is  a  magnificent  building  and  the  pride 
of  the  people  of  the  entire  state. 

The  Thirt}-fifth  Ceneral  Assembly  appropriated  nearly 
$2,000,000  in  the  Capitol  Extension  Act  for  the  purpose 
of  enlarging  the  capitol  grounds.  When  the  plans  are  com- 
pleted the  grounds  will  not  be  surpassed  in  extent  and 
beauty  by  any  state-capitol  grounds  in  the  Union. 


The  Old  Capitol,  Iowa  City 


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Hall  of  Physics  and  Electrical  Engineering 


View  Across  the  Old  Capitol  Campus 
State  University 


IOWA  85 

II.     Greater  Iowa 

Iowa,  'Tis  Iowa!  "You  ask  what  land  I  love  the 
best?"  To  this  question  there  can  l)c  hut  one  answer  in 
the  heart  of  every  loyal  citizen.  The  poet  answers  it  in  the 
inspired  words — 

Breathes    there    a    man    with    soul    so    dead 

Who  never  to  himself  hath  said, 
This  is  my  own,  my  native  land! 

This  sentiment  of  patriotic  devotion  to  one's  own  land 
is  fundamental  to  every  one  having  a  spark  of  true  man- 
hood or  womanhood.  It  is  as  nuich  one's  duty  to  love  the 
land  where  he  lives  as  to  love  his  home;  and  if  one  does 
not,  his  soul  is  truly  dead  to  the  highest  and  noblest  privi- 
leges of  citizenship.  He  loves  his  country  best  who  is  most 
loyal  to  the  state,  town,  or  rural  community  in  w^hich  he 
lives.  The  man  who  could  say,  "  Of  all  that  is  good  Iowa 
affords  the  best,"  revealed  a  great  patriotic  soul. 

State  and  local  governments  touch  us  at  a  hundred  points 
where  the  national  government  touches  us  at  one,  and  it  is 
in  these  smaller  units  that  the  majority  of  us  will  exercise 
the  greatest  influence  in  the  betterment  of  human  welfare. 
Nowhere  can  there  be  a  more  substantial  reason  for  local 
patriotic  pride  than  among  those  who  call  Iowa  their  home. 

Iowa's  Material  Resources.  Iowa  excels  every  one  of 
her  sister  states  in  the  percentage  of  tillable  land.  Nowhere 
on  the  face  of  the  earth  are  there  56,000  square  miles  of  as 
rich,  fertile  and  inexhaustible  soil  as  are  found  within  the 
bounds  of  this  state.  Statistics  show  that  less  than  two  per 
cent  of  Iowa  acreage  cannot  be  transformed  into  a  fertile 
garden  spot.  The  richness  of  soil  together  with  the  most 
favorable  conditions  of  moisture  and  temperature  have 
made  Iowa  one  of  the  greatest  agricultural  states  in  the 
Union. 


86  IOWA  AND  THE  NATION 

Iowa's  corn,  alone,  is  worth  more  than  the  annual  output 
of  either  iron  ore,  hard  coal,  or  the  products  of  all  the 
copper,  silver,  or  gold  mines  of  the  United  States. 

The  people  of  Iowa  are  just  beginning  to  realize  the  won- 
derful possibilities  of  her  unsurpassed  resources.  The  little 
country  of  Belgium  with  but  one-fifth  the  area  of  Iowa, 
without  superior  soil,  climate,  or  other  conditions,  supports 
a  population  of  7,000,000  people.  Iowa  has  at  present  but 
2,000,000.  but  could  without  greater  difficulty  than  Belgium, 
support  35,000.000  people.  In  other  words,  all  the  people 
now  living  west  of  the  Mississippi  River,  and  in  addition 
all  who  are  living  in  Indiana  and  Illinois,  could  find  support 
equal  to  that  of  the  people  of  Belgium,  within  the  boundaries 
of  Iowa. 

Our  state  excels,  not  only  in  the  products  of  her  soil,  but 
she  is  fast  assuming  a  prominence  in  manufacturing,  parti- 
cularly in  those  industries  which  are  the  natural  outgrowth 
of  her  raw  material.  The  largest  oatmeal  factory  in  the 
world  is  located  at  Cedar  Rapids,  while  the  output  of  the 
tile-manufacturing  industry  at  Mason  City  is  unequaled 
anywhere.  Des  Moines,  Sioux  City,  Dubuque  and  a  hun- 
dred other  cities  are  centers  for  the  manufacturing,  canning 
and  packing  industries.  When  the  people  of  Iowa  realize 
fully  the  loss  in  unnecessary  freight  expenses  which  result 
from  shipping  the  raw  material  out  of  the  state,  these  local 
industries  will  be  greatly  increased. 

Our  Cultural  Resources.  Even  more  important  than 
Iowa's  material  wealth  is  the  quality  of  her  manhood  and 
womanhood.  "  What  constitutes  a  state  ?  .  .  .  Not 
cities  proud,  with  spires  and  turrets  crowned  .  .  .  No! 
]\Ien,  high-minded  men !  "  The  test  of  a  people's  influence 
is  their  education.  Knowledge  is  power.  Iowa  early 
recognized  and  provided  for  the  development  of  a  high  grade 


IOWA  87 

of  manhood,  and  today  she  boasts  the  lowest  percentage  of 
iUiteracy  of  any  state  in  the  Union,  while  no  state  exceeds 
her  in  the  percentage  of  young  people  attending  institutions 
of  higher  learning. 

But,  it  is  not  only  for  her  young  people  that  Iowa  provides 
unexcelled  educational  opportunities.  She  is  equally  zealous 
for  the  man,  woman,  boy  or  girl  who  is  actually  engaged  in 
life's  work.  She  is  a  pioneer  in  using  her  great  educational 
agencies  to  provide  "  short  courses  "  and  university  and 
college  extension  instruction  for  the  farmer,  the  dairyman, 
the  engineer,  the  mechanic,  the  editor,  the  city  official,  tlie 
teacher  and  many  others  who  are  actively  engaged  in  their 
chosen  vocations.  In  addition  to  all  these  evidences  of 
general  intelligence  nearly  every  city,  town  and  rural  com- 
munity supports  a  Chautauqua,  a  lyceum,  and  other  volun- 
tary educational  and  cultural  associations. 

Iowa's  Challenge.  All  of  these  elements  comljined  make 
Iowa  pre-eminently  a  land  of  opportunity.  Here  is  enough 
to  challenge  the  best  in  every  man — the  best  of  his  service, 
the  l)est  of  his  intellect,  his  manhood,  his  life.  If  he  wishes 
wealth,  here  he  may  have  it  abundantly.  If  he  wishes 
educational  opportunities,  Iowa  has  them  unsurpassed.  If 
he  wishes  wholesome  surroundings  he  will  find  clean  towns, 
with  modern  conveniences,  progressive  civic  life,  loyal  com- 
munity spirit  and  homes  of  culture. 

Iowa  challenges  you,  young  man ;  you,  young  woman, 
to  a  life  of  service.  Nowhere  can  you  render  such  service 
better  than  in  Iowa,  nowhere  better  than  in  }our  own 
community.  Your  town,  your  rural  neighborhood  is  the 
best  town,  the  best  neighborhood!  You  need  only  to  be 
loyal  to  it,  to  cooperate  with  the  best  citizens,  to  contribute 
your  time,  your  thought  and  your  money,  and  your  com- 
munitv    will    become    to    vou    the    l)est,    because    vou    have 


88  TOWA  AND  THE  NATION 

helped  make  it  so.  You  will  thus  have  served  your  state 
w^ith  loyalty,  your  country  with  patriotism,  and  humanity 
with  honor — the  true  test  of  manhood  and  citizenship. 

QUESTIONS  AND  SUGGESTIONS 

1.  What  is  the  origin  and  meaning  of  the  word  "  Iowa  "? 

2.  When  and  by  whom  was  Iowa  discovered?  By  what 
European  nations  was  the  territory  of  which  Iowa  is  a  part, 
claimed  ? 

3.  When  and  by  whom  was  the  first  settlement  in  Iowa 
made?     Name  the  chief  characteristics  of  Iowa  pioneers. 

4.  Of  what  territories  was  Iowa  a  part  at  various 
times  ? 

5.  Who  was  Robert  Lucas?  Learn  as  much  as  you  can 
about  his  biography. 

6.  Explain  the  steps  by  which  Iowa  became  a  state. 
Give  the  date  of  admission  to  the  Union.  How  does  a  state 
differ  from  a  territory?  What  territories  have  we  at 
present? 

7.  How  did  the  first  settlers  secure  land?  W^hat  is  the 
first  entry  in  every  abstract  of  title  in  Iowa?  Secure  a 
copy  of  an  abstract  and  examine  it.    Who  are  "  squatters  "  ? 

8.  Trace  the  history  of  the  location  of  Iowa's  capitals. 

9.  What  part  was  played  by  Indians  in  the  early  history 
of  the  state? 

10.  Write  an  imaginary  conversation  for  your  composi- 
tion lesson  between  yourself  and  Julien  Dubuque  in  which 
you  assume  to  be  one  of  the  members  of  his  party. 

11.  Why  was  there  no  need  for  "Boy  Scout"  and 
'■  Camp  Fire  Girls  "  organizations  in  the  pioneer  days  of 
Iowa  ? 

12.  WHiy  does  Iowa  take  first  rank  as  an  agricultural 
state?     Examine   a  copy   of   the    Year  Book   to  determine 


IOWA  89 

Iowa's  rank  in  the  xarinus  crops   for  ihe  i)a>t  year.     Why 
should  local  manufactories  increase  in    Iowa? 

13.  Name  as  many  ways  as  possible  by  which  b)\\a 
provides  for  the  education  of  people  who  are  no  longer 
attending  schools. 

14.  IIow  does  the  importance  of  a  knowledge  of  state 
and  local  government  compare  with  a  knowledge  of  natinnal 
government  ? 


CHAPTER  II 
STATE  GOVERNMENT 

Nature  of  Constitution.  The  constitution  of  a  state  is 
often  called  its  fundamental  law,  because  all  laws  passed  by 
the  General  Assembly  must  be  based  upon  it,  and  no  valid 
law  can  be  passed  in  violation  of  its  provisions.  It  is  in 
the  nature  of  a  contract  between  the  state  and  the  people, 
whereby  the  powers  of  the  state  are  defined,  and  the 
rights  of  the  people  maintained. 

The  first  two  articles  of  the  Iowa  constitution  guarantee 
certain  rights,  and  will  be  considered  in  this  chapter.  The 
next  three  articles.  III,  IV  and  V,  provide  for  the  general 
plan,  or  framework,  of  our  government,  and  will  be  dis- 
cussed in  the  next  three  chapters.  The  remaining  articles 
make  specific  provision  for  education,  taxation  and  other 
matters.  Each  of  these  is  discussed  under  its  proper 
heading. 

Preamble.  The  preamble,  or  introduction  to  the  con- 
stitution, is  as  follows:  "  Jf'r,  the  People  of  the  State  of 
loiva,  grateful  to  the  Supreme  Being  for  the  blessings 
hitherto  enjoyed,  and  feeling  our  dependence  on  Him  for 
a  continuation  of  those  blessings,  do  ordain  and  establish 
a  free  and  independent  government,  by  the  name  of  The 
State  of  loiva,  the  boundaries  whereof  shall  be  as  follows :  " 
(For  boundaries,  see  Constitution.)  The  preamble  is  not 
a  part  of  the  constitution,  l)ut  is  designed  to  show  the 
reason  for  its  establishment. 

Our  Rights  Guaranteed.    The  first  article  of  the  consti- 

90 


STATE  GOVERXMEXT  91 

tution  is  called  the  Bill  of  Rights  because  it  guarantees 
certain  rights  to  our  citizens.  The  second  article  makes 
specific  provisions  for  the  right  of  suffrage.  A  Bill  of 
Rights  is  found  in  most  state  constitutions,  and,  in  all 
instances,  it  is  copied  largely  from  the  first  eight  amend- 
ments to  the  Constitution  of  the  United  States.  These 
rights  had  been  wrested  from  despotic  rulers  through  long 
periods  of  struggle  in  England  and  the  American  colonies 
during  the  period  of  their  early  history,  and  for  these 
reasons  the  people  have  sought  to  maintain  and  insure  them 
by  writing  them  into  their  fundamental  laws. 

ARTICLE  I 
Bill  or  Rights 

Rights  of  Persons.  Section  one  of  the  first  article  of 
the  constitution  defines  the  civil  rights  of  the  inhabitants 
of  the  state.  It  declares  that  all  men  are,  by  nature,  free 
and  equal,  and  that  they  are  endowed  with  certain  inalien- 
able rights.  The  rights  enumerated  are  those  of  enjoying 
and  defending  life  and  liberty,  of  acquiring,  possessing  and 
protecting  property,  and  of  pursuing  and  obtaining  safety 
and  happiness.  These  rights  of  the  people  are  recognized 
by  all  free  governments.  They  are  called  inalienable  rights, 
because  they  cannot  be  taken  away  so  long  as  the  govern- 
ment exists. 

Political  Power.  Section  tzvo  declares  all  political 
power  to  be  vested  in  the  people  of  the  state.  Government 
is  instituted  for  the  good  of  the  people,  and  they  have  the 
right  to  alter  or  reform  the  same,  whenever  the  public  good 
may  require  it.  The  essence  of  all  free  government  is  con- 
tained in  the  immortal  words  of  Abraham  Lincoln,  "  A 
government  of  the  people,  by  the  people  and  for  the 
people," 


92  IOWA  AND  THE  NATION 

Religion.  Section  three  prohibits  the  legislature  from 
passing  any  law  to  establish  uniformity  of  religion,  or  to 
restrict  the  religious  liberty  of  the  people.  It  forbids  the 
laying  of  tithes,  taxes  or  other  rates  for  building  places  of 
worship,  or  maintaining  the  ministry. 

Religious  Test.  Section  four  forbids  the  requirement  of 
any  religious  test  as  a  qualification  for  any  office  of  public 
trust,  and  declares  that  no  person  shall  be  deprived  of  any 
rights,  privileges  or  capacities  on  account  of  his  opinions 
on  religious  matters.  This  is  in  accordance  with  the  spirit 
of  the  Constitution  of  the  United  States,  upon  which  the 
state  constitution  is  based.  This  section  also  provides  that 
parties  to  any  suits  at  law  are  competent  to  serve  as  wit- 
nesses in  such  suits. 

Dueling.  Section  fiz'e  declares  any  citizen  of  the  state 
who  shall  engage  in  a  duel,  either  as  principal  or  accessory, 
to  be  forever  disqualified  from  holding  any  office  under  the 
constitution  and  laws  of  the  state. 

Laws  Uniform.  By  section  si.r,  the  General  Assembly 
is  forbidden  to  grant  any  citizen,  or  class  of  citizens,  privi- 
leges or  immunities,  which  shall  not  apply  to  all  other  per- 
sons under  the  same  circumstances.  All  laws  of  a  general 
nature  must  be  uniform  in  their  operation.  It  is  a  funda- 
mental principle  of  all  free  government  that  there  shall  be 
no  privileged  classes. 

Liberty  of  Speech.  Section  sezrn  gives  every  person 
the  right  to  speak,  write  and  publish  his  sentiments  on  any 
and  all  subjects.  By  its  provisions,  no  law  can  be  passed 
to  restrict  liberty  of  speech  or  of  the  press,  but  any  person 
is  liable  to  prosecution  for  the  abuse  of  this  right.  In  all 
prosecutions  for  libel,  if  it  can  be  proved  that  tlie  matter 
charged  as  libelous  is  true,  the  person  accused  shall  be 
acquitted.     Article  one  of  the  amendments  to  the  Constitu- 


STATE  GOVER.WMENT  93 

tion  of  ihe  United  States  insures  the  same  freedom  to  all 
the  people  of  the  United  States. 

Section  eight  of  this  article  is  reprint,  word  for  word,  of 
the  fourth  article  of  amendment  to  the  Constitution  of  the 
United    States. 

Jury.  Section  nine  provides  for  maintaining  inviolate 
the  right  of  trial  hy  jury,  hut  authorizes  the  General 
Assembly  to  establish  a  jury  of  a  less  number  than  twelve 
men  in  inferior  courts.  Another  provision  is,  that  no  per- 
son shall  be  deprived  of  life,  liberty  or  property,  without 
due  process  of  law. 

Criminal  Cases.  Sections  ten  and  eleven  refer  to  the 
method  of  procedure  in  criminal  cases,  and  are  in  substance 
the  same  as  article  six  of  the  amendments  to  the  Consti- 
tution of  the  United  States.  Section  eleven  establishes  the 
mode  of  procedure  in  all  criminal  cases  less  than  felony,  in 
which  the  punishment  does  not  exceed  a  fine  of  $100,  or 
imprisonment  for  more  than  thirty  days.  All  such  cases  are 
to  be  tried  without  indictment,  before  a  justice  of  the  peace, 
or  other  officer  authorized  by  law.  The  accused  has  the 
right  to  appeal  from  the  decision  of  the  justice  to  the  dis- 
trict court. 

In  all  other  criminal  offenses,  an  indictment  must  be 
brought  against  the  person  suspected  of  having  committed 
the  crime,  before  he  can  be  held  to  answer  for  the  crime  of 
which  he  is  accused.  There  is  an  exception  to  this  in  cases 
arising  in  the  army  or  navy,  or  in  the  militia,  Avhen  in  actual 
service,  in  time  of  war  or  public  danger.  Violators  of  mili- 
tary law  are  tried  by  a  court  martial,  consisting  of  from 
three  to  thirteen  members,  according  to  the  nature  of  the 
crime  and  the  rank  of  the  oiTender. 

Tzvice  Tried.  Section  tzvelve  provides  that  after  a  per- 
son has  been  acquitted  by  a  court  of  competent  jurisdiction, 
he  cannot  be  tried  again  for  the  same  ofifense.     A  person 


94  IOWA  AND  THE  NATION 

charged  with  the  perpetration  of  a  minor  crime,  is  entitled 
to  his  Hberty  before  conviction,  upon  giving  bonds  signed 
by  responsible  parties  that  he  will  present  himself,  at  the 
appointed  time,  for  trial.  Such  bonds  are  called  bail,  and 
are  usually  of  twice  the  amount  of  the  highest  money 
penalty,  or  fine,  that  can  be  attached  to  the  crime. 

If  the  person  thus  set  at  liberty  fails  to  appear  for  trial, 
the  amount  of  the  bond,  or  so  much  thereof  as  may  be 
demanded  by  the  court,  is  forfeited  to  the  school  fund  of 
the  county,  and  becomes  a  part  of  the  semi-annual  appor- 
tionment for  the  support  of  schools.  Bail  is  not  usually 
accepted  from  persons  charged  with  having  committed 
capital  crimes,  when  the  proof  is  evident  or  the  presump- 
tion great.  A  capital  offense  is  one  to  which  the  death 
penalty  may  be  attached. 

Habeas  Corpus.  Section  thirteen  secures  to  all  the 
right  to  a  writ  of  habeas  corpus,  when  application  is  made 
according  to  law.  This  right  can  be  suspended  and  the 
writ  refused  only  in  case  of  rebellion  or  invasion,  or  when 
the  public  safety  may  require  it. 

The  writ  of  habeas  corpus  has  been  called  "  The  great 
writ  of  personal  liberty."  It  is  issued  by  the  judge  of 
the  court  having  jurisdiction  of  the  crime,  and  cannot  be 
refused  when  proper  application  is  made  by  the  accused 
under  oath,  unless,  in  case  of  rebellion  or  invasion,  the 
public  safety  may  require  it.  This  writ  had  its  origin  in 
England  in  the  "  Alagna  Charta  "  of  King  John,  granted 
in  the  year  1215.  Our  forefathers  esteemed  this  to  be  one 
of  their  grandest  privileges,  and  it  has  always  been  recog- 
nized as  an  inherent  right  of  all  citizens  of  the  United 
States. 

Military.  The  fourteenth  section  places  the  military 
subordinate  to  the  civil  power.  It  declares  that  no  stand- 
ing army  shall  be  kept  up  in  the  state,  in  time  of  peace, 


STATE  GOVERNMENT  95 

and,  ill  lime  of  war,  that  no  appropriation  lor  a  standing- 
army  shall  be  for  a  longer  period  than  two  years.  The  next 
section  forbids  the  quartering  of  troops  in  any  house,  in 
time  of  peace,  without  the  consent  of  its  owner,  and,  in 
time  of  war,  except  in  the  manner  prescribed  by  law. 

Treason.  Section  sixteen  defines  treason  against  the 
state  to  consist  in  levying  war  against  it.  adhering  to  its 
enemies,  or  giving  them  aid  and  comfort.  This  is  virtu- 
ally the  definition  given  of  treason  in  the  Constitution  of 
the  United  States.  It  is  also  provided,  that  no  person 
shall  be  convicted  of  treason  except  upon  the  evidence  of 
two  witnesses  to  the  same  act,  or  upon  confession  in  open 
court. 

Excessive  Bail.  Section  seventeen  provides  that  any 
bail  required  shall  not  be  excessive ;  that  is,  beyond  the 
nature  of  the  crime  for  which  it  is  taken.  The  imposing 
of  excessive  fines,  and  the  infliction  of  cruel  and  unusual 
punishments  are  expressly  forbidden. 

Condemnation  Proceedings.  The  next  section  declares 
that  private  property  shall  not  be  taken  for  the  use  of  the 
public  without  just  compensation  to  the  owner.  The 
damages  resulting  from  the  appropriation  of  private  prop- 
erty for  public  purposes,  shall  be  assessed  by  a  jury,  but 
no  benefit  that  the  owner  of  the  property  would  receixe 
from  the  improvements  for  which  it  is  taken,  can  be  con- 
sidered in  rendering  the  decision  for  damages.  Every  one 
is  entitled  to  the  use  of  his  property  to  the  exclusion  of  all 
other  private  citizens,  but  sometimes  it  becomes  necessary 
to  sacrifice  private  rights  for  the  public  welfare. 

Imprisonment  for  Debt.  Imprisonment  for  debt,  in 
any  civil  process,  except  in  case  of  fraud,  is  forbidden  by 
the  nineteenth  section,  and  no  person  can  be  imprisoned  for 
a  military  fine  in  time  of  peace.  So  long  as  the  English 
common   law   was   in  operation   in   this   country,   imprison- 


96  IOWA  AND  THE  NATION 

meiit  for  debt  was  common,  but  now  it  is  usually  forbidden 
by  constitution  or  statute  in  all  the  states.  If  the  action 
of  the  debtor  is  such  that  it  is  reasonable  to  suppose  that 
he  intends  to  avoid  the  payment  of  his  debts  by  concealing 
his  property,  or  removing  it  from  the  state,  the  provisions 
of  this  section  will  not  apply. 

Right  to  Assemble.  Section  tzvcnty  insures  to  the  peo- 
ple some  of  their  dearest  rights,  among  which  is  that  of 
assembling  to  counsel  for  the  common  good.  The  rope 
makers  of  Boston  held  such  meetings  to  devise  means  for 
resisting  the  British  soldiery.  The  modern  word  caucus  is 
said  to  be  a  corruption  of  caulkers,  a  term  often  applied  to 
rope  makers.  The  right  of  making  known  their  opinions 
to  their  representatives,  and  that  of  petitioning  for  a 
redress  of  grievances,  are  also  guaranteed. 

Bill  of  Attainder.  The  language  of  the  twenty-first 
section  is  as  follows :  "  No  bill  of  attainder,  ex-post-f acto 
law,  or  law  impairing  the  obligation  of  contracts,  shall 
ever  be  passed."  A  bill  of  attainder  is  a  legislative  act 
inflicting  the  penalty  of  death,  without  trial,  upon  persons 
supposed  to  be  guilty  of  high  crimes.  In  former  times, 
the  parliament  of  Great  Britain  passed  laws  of  this  kind, 
often  for  the  purpose  of  reaching  persons  in  high  places 
who  could  not  be  gotten  rid  of  by  ordinary  process  of  law, 

Ex-Post-Facto  Law,  An  ex-post-facto  law  is  one  that 
is  passed  after  the  commission  of  an  act  by  which  the 
act  may  be  punished  as  a  crime.  It  would  seem  that  the 
prohibition  of  ex-post-facto  laws  would  make  the  latter 
part  of  this  section  unnecessary.  Ex-post-facto  laws  apply 
to  criminal  and  penal  statutes,  but  not  to  those  that  affect 
property  only.  Hence,  we  may  say  that  this  part  of  the 
section  prohibits  ex-post-facto  laws  in  the  interests  of 
contracts. 

Rights    of    Aliens.      Section    t-a'cnty-t-a'o    grants    to    all 


STATE  GOVERXMEXT  97 

foreigners  residing  in  the  stale,  the  same  rights  in  respect 
to  the  ])ossession,  enjoyment  and  descent  of  property,  as 
native-horn    citizens. 

Slavery.  The  twcnty-tliird  section  prohibits  slavery, 
and  declares  tliat  there  shall  be  no  involuntary  servitude  in 
Iowa,  except  for  the  punishment  of  crime.  The  abolition 
of  slavery  by  the  thirteenth  amendment  to  the  Constitution 
of  the  United  States,  rendered  this  section  obsolete. 

Lease  of  Farm  Lands.  The  ticcnty-fourtJi  section 
limits  leases  of  agricultural  lands  from  which  rent  or  serv- 
ice of  any  kind  is  reserved,  to  a  period  not  exceeding  twenty 
years. 

Rights  Reserved.  The  izvcniy-fifth  section  is  a  fitting 
one  with  which  to  close  this  Bill  of  Rights.  Its  language 
is,  "  The  enumeration  of  rights  shall  not  be  construed  to 
impair  or  deny  others,  retained  Ijy  the  people."  Liberty, 
civil  and  religious,  is  insured  to  all  within  the  borders  of 
the  state,  and,  as  if  this  were  not  enough,  any  ofner  privi- 
leges that  may  ])e  enjoyed,  are  reserved  to  the  people. 
Surely  our  government  rests  on  a  foundation  broad  and 
deep. 

ARTICLE  II 

Right  of  Suffrage 

Right  to  Vote.  Every  free  government  specifies  in  its 
constitution  the  persons  upon  whom  the  privilege  of  voting 
shall  be  conferred.  While  we  speak  of  this  privilege  as 
the  right  to  vote,  it  is  not  a  right  in  the  sense  in  which 
those  listed  in  the  Bill  of  Rights  are  considered,  because 
the  power  to  designate  to  whom  the  privilege  of  voting  shall 
be  granted  rests  with  the  state  legislature.  These  other 
rights  are  guaranteed  in  the  constitution.  The  jjeople  of 
Iowa  as  well  as  those  of  other  states  choose  their  officers 


98  IOWA  AND  THE  NATION 

and  adopt  or  reject  measures  proposed  for  the  welfare 
of  the  state  by  vote.  The  franchise,  a  right  to  vote,  there- 
fore, should  be  looked  upon  as  a  high  privilege  by  those 
upon  whom  it  is  conferred,  and  every  voter  should  con- 
sider it  his  sacred  duty  to  cast  his  ballot  on  election  day. 
Voters  are  frequently  called  electors.  The  right  of  electors 
to  vote  as  they  choose  is  established  by  the  last  clause 
of  this  article,  which  declares  that  all  elections  by  the  peo- 
ple shall  be  by  ballot. 

Qualifications  of  Voters.  In  the  United  States  it  is 
customary  to  restrict  the  right  to  vote  to  citizens  at  least 
twenty-one  years  of  age.  The  lowest,  or  minimum,  age 
at  which  persons  may  vote  is  the  same  in  all  the  states,  but 
aside  from  that  there  is  no  uniformity.  Few  of  the  states 
agree  in  all  points  relating  to  the  qualifications  of  voters. 
Wyoming,  Colorado,  Utah,  Idaho,  Washington^  California, 
Oregon,  Kansas,  Arizona,  Nevada  and  Montana  grant  full 
suffrage  to  women.  In  Illinois  women  are  granted  the  right 
to  vote  for  presidential  electors  and  for  county,  township 
and  state  officers  whose  election  is  not  provided  for  in  the 
state  constitution,  and  several  other  states  give  them  the 
right  to  vote  on  school  and  municipal  matters. 

Citizenship.  The  term  citizen  is  often  improperly 
restricted  to  those  persons  who  have  the  right  of  suffrage. 
Many  voters  in  the  United  States  are  not  citizens,  and.  in  all 
the  states,  many  citizens  are  not  voters.  The  fourteenth 
amendment  to  the  Constitution  of  the  United  States  says : 
"  All  persons  born  or  naturalized  in  the  United  States,  and 
subject  to  tlie  jurisdiction  thereof,  are  citizens  of  the 
United  States  and  of  the  state  wherein  they  reside."  In 
some  states,  foreigners  acquire  the  right  to  vote  at  all 
state  elections  upon  taking  out  the  first  naturalization 
])apers.  That  is  not  the  case  in  Iowa,  however.  Here  a 
foreigner  must  have  completed   the  process  of  naturaliza- 


STATE  GOVERXMEXT  99 

tion  before  votino-  at    any    election.      See    NatnraUzaiiou, 
Part  III,  page  221. 

Residence.  Some  of  the  states  require  two-years'  resi- 
dence within  the  state  as  a  qualification  for  voting.  The 
residence  in  the  county  required  of  voters  varies  from 
no  time  specified  to  a  residence  of  one  year,  and  the  same 
variation  occurs  with  reference  to  residence  in  the  voting 
precinct. 

Registration.  Wherever  the  number  of  voters  is  so  large 
that  they  cannot  all  be  known  to  the  election  orticials,  each 
voter  is  required  to  register  previous  to  election.  At  the 
time  of  registration  he  must  give  his  name,  place  of  resi- 
dence, and  answer  such  other  questions  as  will  assure  the 
election  officials  of  his  right  to  vote.  In  Iowa  voters  are 
required  to  register  before  a  general  election  in  all  cities 
of  3,500  or  more   inhabitants. 

Other  Qualifications.  Some  of  the  states  require  a  prop- 
erty qualification  of  electors — that  is,  before  a  person, 
otherwise  legally  qualified,  can  vote,  he  must  prove  that  he 
owns  a  certain  amount  of  property,  or  pays  taxes  or  rent 
of  a  specified  sum.  Several  state  constitutions  provide  that 
"  Indians,  who  have  renounced  their  tribal  relations  and 
who  have  donned  the  habiliments  of  civilization,  may  vote 
at  any  election  now  or  hereafter  authorized  by  law."  Sev- 
eral of  the  states  require  educational  qualifications  of 
electors,  while  others  have  no  such  restriction. 

Exceptions,  Idiots  and  insane  persons  are  prohibited 
from  exercising  the  right  of  sufifrage,  because  they  cannot 
do  so  understandingly.  The  only  qualified  electors  who 
are  denied  this  privilege  are  those  who  have  been  convicted 
of  some  infamous  crime.  It  would  not  be  wise  to  allow 
criminals  a  voice  in  making  the  laws. 

Privileges.  All  electors  who  are  not  accused  of  trea- 
son,   felony   or   breach   of   the   peace,   are   privileged    from 


100  IOWA  AND  THE  NATION 

arrest  on  election  day,  while  attending  the  election,  or 
going  to  or  returning  from  the  same.  No  elector  is  obliged 
to  perform  military  duty  on  the  day  of  election,  except  in 
time  of  war  or  public  danger.  Persons  engaged  in  the  mili- 
tary, naval  or  marine  service  of  the  United  States  do  not 
gain  a  residence  in  the  state  by  being  stationed  here  in  the 
discharge  of  their  duties. 

Australian  Ballot.  To  correct  certain  abuses  in  voting 
by  ballot  the  General  Assembly  in  1892  passed  a  law  pro- 
viding for  a  secret  ballot  generally  known  as  the 
'■  Australian  Ballot."  This  method  of  voting  had  its  origin 
in  New  South  Wales,  Australia,  in  1857.  Fifteen  years 
later,  it  was  adopted  in  England,  and  afterwards  by  Canada. 
Every  state  in  the  Union  has  adopted  a  secret  ballot  based 
upon  the  Australian  plan.  The  Iowa  law  is  based  upon  a 
plan  used  in  Belgium,  and  should  properly  be  called  the 
"  Belgian  Ballot."  By  the  Australian  plan,  the  candidates 
are  classified  by  offices,  while  by  the  Belgian,  they  are 
grouped  according  to  political  parties.  The  secret  ballot 
removes  a  number  of  flagrant  abuses  that  had  become 
common  under  the  old  method  of  voting. 

Up  to  the  time  that  this  law  went  into  effect,  ballots  were 
printed  by  political  parties  or  by  the  candidates  for  office. 
This  plan  was  an  expensive  one,  and  there  were  many 
abuses  connected  with  it.  The  secret  ballot  now  hi  use 
makes  it  impossible  for  a  corrupt  politician  who  wishes  to 
buy  votes  to  be  sure  that  the  voter  has  cast  the  ballot  as 
agreed  upon. 

Method  of  Voting — Ballots.  The  ballots  are  prepared 
and  printed  under  the  direction  of  the  county  auditor, 
and  every  ballot  printed  must  be  accounted  for.  The  ballots 
are  printed  at  the  expense  of  the  county,  and  as  many  as 
are  likely  to  be  needed  are  furnished  the  judges  of  election 
at  each  voting  precinct. 


STATE  GOVERXMEXT  101 

Marking  Ballots.  On  the  <lay  of  election,  the  voters 
assemble  to  cast  their  ballots.  A  voter  ai)proaches  the 
table  about  wliich  the  jtidges  of  election  are  seated, 
announces  his  name  and  asks  for  a  l)allot.  In  case  registra- 
tion is  required,  the  voter's  name  must  be  checked  on  the 
registration  book  before  he  will  be  given  a  ballot.  One 
of  the  judges  takes  a  folded  ballot,  writes  his  initials  ttpon 
the  back  and  hands  it  to  the  voter.  The  voter  then  takes 
the  ballot,  passes  into  a  booth,  and  prepares  his  ballot 
secretly. 

At  the  head  of  each  coltunn  is  a  circle,  and  there  is  a 
square  in  front  of  the  name  of  each  candidate.  If  the 
voter  wishes  to  vote  a  straight  ticket,  he  makes  a  cross  (X) 
in  the  circle  at  the  head  of  the  column  which  contains  the 
names  of  the  candidates  of  his  political  party.  If  he  wishes 
to  "scratch  the  ticket"  —  that  is,  vote  for  candidates 
belonging  to  different  parties  —  he  puts  the  cross  in  the 
squares  in  front  of  the  names  of  the  candidates  for  whom 
he  wishes  to  vote.  The  marking  must  be  done  so  as  to 
show  his  preference  for  the  right  number  of  candidates  for 
each  office. 

J^oting.  Having  marked  his  ballot,  the  voter  folds  it  so 
as  to  show  the  initials  of  the  judge  of  election  who  marked 
it,  passes  out  of  the  booth  and  hands  the  ballot  to  one  of 
the  judges  of  election,  at  the  same  time  announcing  his 
name,  so  that  it  may  be  recorded  by  the  clerks  of  election. 
If  a  ballot  is  soiled  or  found  to  be  defective,  the  voter 
must  return  it  to  the  judges  of  election  and  get  another. 
He  will  not  be  permitted  to  take  a  ballot  away  with  him. 
Blind  voters,  and  those  who  cannot  read,  may  have  assist- 
ance in  marking  their  ballots. 

The  Short  Ballot.  There  is  a  growing  belief  that  the 
number  of  elective  offices  is  too  large.  The  number  of 
candidates,    especially   on    the   jirimary   ballots,    is    so   large 


102  IOWA  AND  THE  NATIOX 

that  it  is  practically  impossible  for  the  average  voter  to 
make  an  intelligent  choice.  He  must  either  vote  for  candi- 
dates of  whom  he  knows  little  or  nothing,  or  lose  his  vote. 
Under  these  conditions  undesirable  candidates  often  secure 
nominations  for  important  offices.  This  difficulty  could  be 
remedied  if  the  number  of  elective  offices  were  reduced, 
and  there  seems  to  be  no  good  reason  why  this  should  not 
be  done.  By  such  a  plan  a  great  number  of  administrative 
officers  would  be  appointed  by  the  governor,  and  the  num- 
ber of  names  on  the  ballot  would  be  so  small  that  the 
voters  would  have  opportunity  to  study  the  qualifications 
of  the  candidates  who  were  seeking  nomination  to  the 
Iiighest  offices  in  the  state. 

Nomination  of  Candidates.  Until  recently  candidates 
for  office  were  nominated  by  the  caucus  and  convention 
plan.  At  the  caucus,  candidates  for  local  offices  were 
named,  and  delegates  were  chosen  to  attend  a  county  con- 
vention to  nominate  county  officers.  District  and  state 
conventions  were  also  held  to  nominate  candidates  for  dis- 
trict and  state  offices  and  the  state  conventions  also  nomi- 
nated candidates  for  the  office  of  presidential  electors  and 
chose  delegates  to  the  national  convention  to  nominate  can- 
didates for  president  and  vice-president  in  the  year  of  the 
presidential  election.  Each  political  party  held  its  own 
caucuses  and  conventions. 

Primary  Elections.  Abuses  grew  up  under  this  plan 
and  to  correct  these  the  primary  election  law  was  passed. 
The  purpose  of  this  law  is  to  give  every  voter  a  chance  to 
help  nominate  candidates  for  office  in  county,  district  and 
state,  as  well  as  in  the  larger  cities.  By  the  provisions  of 
this  law  candidates  for  county,  district  and  state  office  are 
nominated  by  petitions  signed  by  a  certain  percentage  of 
the  voters.  Several  certificates  for  candidates  for  each 
office  may  be  filed  by  each  party.     Petitions  for  the  nomi- 


STATE  GOVERNMENT  103 

nation  of  county  officers  are  filed  with  the  CDunty  auditor 
and  for  (Hstrict  and  state  officers  with  the  secretary  of 
state. 

The  primary  election  is  held  on  the  first  Tuesday  after 
the  first  Monday  in  June  of  each  even-numhered  year.  A 
certain  nuniher  of  days  hefore  each  primary  election,  the 
voters  of  each  political  party  in  each  voting  precinct  meet 
and  nominate  delegates  to  attend  a  county  convention  whicli 
is  held  on  the  third  Saturday  following  the  day  of  the 
primary  election.  Each  convention  selects  delegates  to 
attend  the  district  and  state  conventions  of  its  own  political 
party. 

If  any  candidate  for  a  given,  office  fails  to  receive  35 
per  cent  of  the  votes  cast  by  the  members  of  his  party  for 
that  office,  at  the  primary  election,  the  county  convention 
of  that  party  nominates  a  candidate  for  that  office  from  the 
list  of  candidates  voted  for  at  the  primary.  At  the  primary 
election  every  voter  is  required  to  announce  his  political 
affiliation  to  the  judges  of  election,  when  he  calls  for  a 
ballot.  The  method  of  marking  and  casting  the  ballot  is 
the  same  as  at  a  general  election,  and  the  principles  of  the 
Australian  method  of  voting  apply.  Half  of  the  expense 
of  the  primary  election  in  each  county  is  borne  by  the 
county  and  the  other  half  by  the  state. 

Presidential  Primary.  In  addition  to  the  primary  election 
for  the  purpose  of  nominating  the  various  local  and  state 
officers,  there  is  held  on  the  second  Monday  in  April  in  the 
years  in  which  a  president  of  the  United  States  is  to  be 
elected  an  election  for  the  purpose  of  selecting  delegates 
to  the  various  conventions  of  all  political  parties.  At  this 
election  there  are  chosen  ( 1 )  delegates  and  alternate  dele- 
gates to  the  national  conventions  of  all  political  parties  at 
which  candidates  for  president  and  vice-president  are  to 
be  nominated;  (2)  a  party  national  committeeman  for  each 


104  IOWA  AND  THE  NATION 

party;  (3)  delegates  to  the  county  convention.  A  preferen- 
tial vote  of  each  party  for  the  purpose  of  ascertaining  the 
sentiment  of  the  voters  of  the  state  towards  the  respective 
political  parties  as  to  candidates  for  president  and  vice- 
president  of  the  United  States  is  also  taken. 


QUESTIONS   AND   SUGGESTIONS 

1.  Why  was  the  "  Bill  of  Rights  "  included  in  the 
constitution?  Do  you  think  it  was  really  necessary  to 
include    it? 

2.  Name  the  inalienable  rights.  Which  are  most 
important  ? 

3.  What  is  meant  by  religious  freedom?  Do  any  coun- 
tries establish  a  uniform  religion  today?  Why  did  the 
Pilgrims  come  to  America? 

4.  Does  liberty  of  speech  give  you  the  right  to  circulate 
falsehoods  ? 

5.  What  advantages  are  there  in  a  trial  by  jury?  Do 
you  think  justice  would  be  carried  out  better  if  we  were 
to  have  a  jury  of  three  impartial  judges  who  are  thoroughly 
versed  in  law  instead  of  our  present  jury?  Ask  some 
lawyer  who  decide  questions  of  fact  and  who  decide  ques- 
tions of  law  in  a  trial. 

6.  Why  should  not  a  person  be  tried  more  than  once 
for  the  same  offense? 

7.  Define  habeas  corpus,  treason  and  bill  of  attainder. 

8.  The  General  Assembly  passed  a  compulsory  educa- 
tion law  in  1902.  Could  parents  of  pupils  who  did  not 
attend  school  in  1901  be  fined?  What  term  is  used  to  apply 
to  a  law  of  this  kind  ? 

9.  May  a  foreigner  living  in  Iowa  own  property? 
May  he  have  the  right  to  a  trial  by  jury?     May  he  demand 


STATE  GOVF.RX.MF.XT  105 

the  rij^ht  to  vote?     What  are  tlie  quahlications   I'or  voters 
in    Iowa?. 

10.  May  women  vote  in  Iowa?  In  what  states  do  tliey 
have  the  same  right  of  suffrage  as  men?  What  classes  of 
people  are  excluded  from  suft'rage? 

11.  What  political  abuses  are  corrected  by  the  secret 
ballot?  Where  did  this  method  of  voting  originate? 
Describe  the  process  of  marking  a  ballot  and  voting. 

12.  What  is  the  convention  system  of  nomination  ? 
What  is  the  primary  election  system  ? 

13.  What  are  the  advantages  of  the  "  short  ballot  "  ? 
Would  a  reduction  of  the  number  of  elective  officers  deprive 
the  people  of  power?  What  redress  would  the  people 
have  if  the  governor  made  unwise  appointments? 

14.  Woman  Suffrage,  Primary  Elections,  Short  Ballot 
and  an  Educational  Qualification  for  Voting  are  suggested 
as  good  subjects  for  class  debates  or  for  investigation. 


CHAPTER  III 

THE  LEGISLATIVE  DEPARTMENT 

ARTICLE  III 

Distribution  of   Powers 

Branches  of  Government.  Government,  both  state  and 
national,  is  divided  into  three  branches : — legislative,  execu- 
tive and  judicial.  Provision  for  this  division  is  made  in 
Article  III  of  the  Constitution  of  Iowa.  It  is  intended  that 
each  branch  shall  be  independent  of  the  others,  but  this  is 
not  always  possible.  Each  state  in  the  Union  has  a  consti- 
tution which  provides  for  these  three  branches  and  defines 
the  powers  of  each.  The  legislative  branch  is  also  called 
the  law-making  power ;  the  executive  branch,  the  law- 
enforcing  power,  and  the  judicial  branch,  the  law-inter- 
preting power. 

The  legislative  branch  of  government  in  Iowa  is  called 
the  General  Assembly,  or  state  legislature.  It  consists  of  a 
senate  and  a  house  of  representatives.  The  style,  or  head- 
ing, of  every  law  passed  by  the  General  Assembly  is :  Be 
it  enacted  by  the  General  Assembly  of  the  State  of  lozva. 
The  sessions  are  biennial  and  are  designated  by  number. 
By  consulting  the  daily  papers  when  the  legislature  is  in 
session  you  can  learn  the  number  of  the  General  Assembly 
in  which  you  should  have  particular  interest. 

House  of  Representatives 

Members.  The  house  of  representatives,  or  lower 
house,  as  it  is  sometimes  called,  is  composed  of  members 

106 


108  IOWA  AND  THE  NATION 

chosen  every  second  year  by  the  qualified  voters  of  their 
respective  districts.  A  representative  must  be  a  male  citizen 
of  the  United  States,  at  least  twenty-one  years  of  age.  He 
must  have  been  an  inhabitant  of  the  state  of  Iowa  one  year 
next  preceding  his  election,  and,  at  the  time  of  his  election, 
must  have  had  an  actual  residence  of  sixty  days  in  the 
county  or  district  he  is  chosen  to  represent. 

Apportionment.  The  house  of  representatives  now  con- 
sists of  108  members,  the  largest  number  possible  under  the 
constitution.  The  number  of  representative  districts  is  99, 
and  the  ratio  of  representation  is  practically  one  representa- 
tive for  every  27,900  inhabitants  or  fraction  thereof  exceed- 
ing one-half  the  required  number  in  the  district.  As  the 
population  of  the  state  increases,  it  becomes  necessary  to 
increase  the  ratio  of  representation.  This  may  be  done  at 
any  regular  session  of  the  General  Assembly.  No  repre- 
sentative district  can  contain  more  than  four  counties,  and 
each   district  is   entitled   to  at  least  one  representative. 

Section  33,  of  Article  III,  of  the  constitution,  says: 
"  The  General  Assembly  shall,  in  the  years  1859,  1863, 
1865,  1867,  1869,  1875,  and  every  ten  years  thereafter, 
cause  an  enumeration  to  be  made  of  all  the  inhabitants 
of  the  state."  These  enumerations,  together  with  the 
United  States  census,  taken  in  the  last  year  of  each  regular 
decade,  enable  the  General  Assembly  to  apportion  the  sen- 
ators and  representatives  among  the  several  districts. 

Election.  The  members  of  the  house  of  representatives 
are  chosen  at  the  general  election,  held  on  the  Tuesday  next 
after  the  first  Monday  in  November  of  each  even-num- 
bered year.  In  some  of  the  states,  the  meetings  of  the 
legislature  are  held  every  year,  and  the  members  in  such 
instances  are  elected  annually. 

When  vacancies  occur  in  either  house,  it  is  the  duty  of 


THE  LEGISLATIVE  DEPARTMENT  109 

the  governor,  or  acting  executive  officer,  to  issue  writs  of 
election  to  fill  such  vacancies. 

Powers.  The  house  of  representatives  has  the  same 
power  as  the  senate  in  general  law-making.  Bills  may 
originate  in  either  house,  and  may  be  amended,  ahered, 
or  rejected  by  the  other.  The  power  to  impeach  state  offi- 
cers is  vested  in  the  house  of  representatives,  but  the  trial 
of  all  persons  impeached  rests  with  the  senate.  With  this 
exception,  the  powers  of  both  houses  are  the  same. 

The  .Sknate 

Members.  The  senate  is  composed  of  meml)crs  chosen 
by  the  qualified  voters  of  the  several  senatorial  districts. 
The  constitution  provides  that  the  number  of  sena- 
tors shall  not  be  less  than  one-third,  nor  more  than  one- 
half  the  number  of  representatives.  The  senate  is  now 
composed  of  50  members,  the  largest  number  possible  under 
the  constitution. 

Senatorial  Districts.  The  state  is  separated  into  50 
senatorial  districts,  and  each  district  is  entitled  to  one  sena- 
tor. In  some  of  the  other  states,  the  senate  is  a  much 
smaller  body  than  in  Iowa.  In  all  of  the  states,  the  senate 
has  fewer  memljcrs  than  the  house.  In  Iowa,  the  senatt)r- 
ial  term  is  four  years. 

Qualifications.  Senators  must  be  at  least  twenty-five 
years  of  age.  The  qualifications  as  to  citizenship, 
inhabitancy  and  residence  are  the  same  as  for  representa- 
tives. It  was  intended  by  the  founders  of  the  constitu- 
tion that  the  senate  should  be  composed  of  men  of  wide 
experience,  and  hence  the  distinction  in  age  was  made.  In 
this  respect,  the  state  constitution  is  modeled  after  the 
Constitution  of  the  United  States,  although  the  minimum 
age  required  is  not  the  same. 


THE  LEGISLATIVl':  DEPARTMENT  111 

Senators  Classed.  At  the  first  session  of  the  legislature, 
the  senators  were  divided  into  twcj  classes  as  nearly  equal 
in  number  as  possible.  The  term  of  those  belonging  to  tlie 
first  class  expired  in  two  years,  and  that  of  the  others  in 
four  years.  The  successors  of  the  members  of  each  class 
were  chosen  for  four  years.  As  the  number  of  senators 
increased,  they  were  annexed,  by  lot,  to  one  or  tlie  other 
of  the  two  classes,  so  as  to  keep  them  as  nearly  equal  in 
numbers  as  practicable.  At  present,  there  are  two  classes 
of  25  members  each. 

Powers.  Tlie  senate  is  coordinate  with  the  house  in 
all  general  legislation. 

Impeachment.  The  governor,  judges  of  the  supreme 
and  district  courts  and  other  state  officers,  are  liable  to 
impeachment  for  any  misdemeanor  or  malfeasance  in 
office.  Judgments  in  such  cases  extend  only  to  removal 
from  office,  and  disqualification  to  hold  any  office  of  honor, 
trust  or  profit  under  the  state.  The  decision  of  the  senate 
does  not  prevent  the  oft'ender  from  being  indicted,  tried 
and  punished,  according  to  the  laws  which  govern  the 
crime  of  which  he  is  accused.  The  impeachment  of  all 
state  officers  rests  with  the  house  of  representatives,  but 
the  trial  of  those  impeached  is  conducted  by  the  senate. 
When  acting  as  a  court  in  such  cases,  t.ie  senators  are 
placed  under  oath  or  affirmation  to  decide  the  case  upon 
its  merits.  No  person  can  be  convicted  without  the  con- 
currence of  two-thirds  of  the  members  present. 

The  General  Assembly 

Sessions.  The  sessions  of  the  General  Assembly  are 
held  once  in  two  years,  at  the  seat  of  government,  and 
commence  on  the  second  Monday  of  January  of  each  odd- 
numbered  year.     The  governor  may,  in  cases  of  necessity. 


112  IOWA  AND  THE  NATION 

convene  the  General  Assembly  by  proclamation,  before  the 
regular  time  of  meeting.  At  two  o'clock  in  the  after- 
noon of  the  day  on  which  the  legislature  meets,  each  house 
is  called  to  order  by  some  person  present  who  claims  to  be 
a  member.  A  temporary  secretary  of  the  senate  and  clerk 
of  the  house  are  then  chosen,  and  they  proceed  to  prepare 
lists  of  those  claiming  membership,  each  for  his  own  house. 

Credentials.  The  persons  whose  names  appear  on 
these  lists  appoint  a  committee  of  five  members  of  each 
house  on  credentials.  The  chairmen  of  these  committees 
report  the  names  of  those  who  hold  certificates  of  election 
to  membership,  and  each  house  then  proceeds  to  form  a 
permanent  organization,  by  the  election  of  officers. 

Officers.  The  lieutenant-governor  is  ex-officio  pre- 
siding officer  of  the  senate  and  acts  in  this  capacity  during 
the  term  for  which  he  is  elected.  He  is  not  a  member  of 
the  senate,  however.  The  presiding  officer  of  the  house 
of  representatives,  called  the  speaker,  is  chosen  from 
among  its  own  members.  The  other  officers  of  the  senate 
are  the  secretary  and  two  assistants,  an  enrolling  clerk,  an 
engrossing  clerk,  sergeant-at-arms,  postmaster,  janitor  and 
doorkeeper.  The  house  officers  are  a  chief  clerk  and  two 
assistants,  clerks  for  enrolling  and  engrossing,  a  sergeant- 
at-arms,  two  postmasters,  doorkeeper,  janitor  and  assistant, 
and  mail  carrier. 

Oath.  Members  of  the  General  Assembly  must  take 
an  oath,  or  affirmation,  before  entering  upon  the  discharge 
of  their  duties.  The  form  of  the  oath  is  as  follows :  "  I  do 
solemnly  swear  (or  affirm,  as  the  case  may  be),  that  I  will 
support  the  Constitution  of  the  United  States,  and  the  con- 
stitution of  the  state  of  Iowa,  and  that  I  will  discharge  the 
duties  of  senator  (or  representative),  to  the  best  of  my 
ability."  This  is,  substantially,  the  oath  taken  by  all  officers 
in  the  state,  from  the  lowest  to  the  highest.     Members  of 


THE  LEGISLATIVF.  DF.PARTMF.XT  113 

either  house  are  authorized  to  administer  the  oatli  to  each 
other,  or  to  any  other  persons  doing  business  with  them 
when  in  session,  or  when  acting  as  members  of  committees. 

Compensation.  Tlie  meml)ers  of  the  Cjeneral  Asseml:)ly 
are  allowed  a  compensation  for  their  services,  the  amount 
of  which  is  determined  by  law.  At  the  first  meeting  under 
the  new  constitution,  the  members  of  each  house  received 
three  dollars  per  day  for  their  services  while  in  session,  and 
three  dollars  for  every  twenty  miles  traveled  in  going  to 
and  returning  from  the  seat  of  government  by  the  nearest 
traveled  route.  Tlie  law  now  is  tliat  every  meml)er  shall 
receive  one  thousand  dollars  for  each  regular  session,  and 
five  cents  for  each  mile  traveled  in  going  to  and  returning 
from  the  capital. 

For  each  special  session,  each  member  receives  the  same 
compensation  per  day  that  was  received  by  members  at  the 
preceding  regular  session.  For  example,  if  the  legislature 
remained  in  session  one  hundred  days  at  the  last  regular 
meeting,  the  rate  per  day  would  be  ten  dollars.  This,  then. 
would  be  the  rate  of  compensation  for  each  day  of  the  si)e- 
cial  session.  In  no  case,  however,  can  the  pa}'  of  mem- 
bers for  any  special  session  be  more  than  ten  dollars  ])er 
day,  exclusive  of  mileage.  ^Members  and  clerks  are  sup- 
plied with  all  necessary  stationery  at  the  expense  of  the 
state. 

At  the  expiration  of  30  days  from  the  convening  of  the 
General  Assembly,  the  members  are  entitled  to  draw  the 
mileage  due  them,  and  also  one-half  of  the  compensation 
for  the  entire  session.  The  minor  officers  and  employees 
receive  their  pay  from  time  to  time  upon  the  certificates 
of  the  presiding  officers  of  the  respective  houses  in  which 
they  are  employed.  The  remainder  of  the  salary  of  mem- 
bers is  paid  at  the  close  of  the  session.  The  salary  of  the 
speaker  of  the  house  of  representatives  is  $2,000  for  each 


114  IOWA  AND  THE  NATION 

regular  session  and  twice  the  per  diem  of  each  member  for 
a  special  session  of  the  legislature. 

Special  Provisions.  Each  house  chooses  its  own  offi- 
cers, and  judges  of  the  qualification,  election  and  returns 
of  its  own  members.  A  person  who  has  not  all  the  neces- 
sary qualifications  for  membership  may  be  elected,  and  his 
certificate  of  election  properly  returned.  It  is  left  with 
each  house  to  decide  all  questions  of  this  sort.  A  con- 
tested election  is  settled  in  a  manner  prescribed  by  law. 
The  speaker  of  the  house  holds  his  office  the  full  term  for 
which  he  was  elected,  but  all  other  officers  serve  only  dur- 
ing the  session  at  which  they  were  chosen. 

Quorum.  A  majority  of  the  members  of  each  house 
constitutes  a  quorum  for  the  transaction  of  business.  But 
a  smaller  number  may  adjourn  from  day  to  day  and  may 
compel  the  attendance  of  absent  members,  in  such  manner, 
and  vuider  such  penalties,  as  each  house  may  provide.  This 
rule  applies  in  all  legislative  bodies,  and  its  necessity  is 
often  shown. 

Adjournment,  Each  house  determines  the  time  of  its 
own  adjournment  with  the  restriction  that  neither  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  place  than  that  in  which  they 
may  be  sitting.  The  reason  for  this  exception  is,  that  one 
house  might  retard  the  business  of  the  other  or  prevent 
legislation  altogether,  by  adjourning  from  place  to  place, 
or  for  an  indefinite  period  of  time. 

Rules  of  Order.  In  addition  to  keeping  and  publishing 
a  journal  of  its  own  proceedings,  each  house  determines 
the  rules  by  which  it  is  governed.  In  the  absence  of  other 
rules,  those  contained  in  Cushing'.s  Manual  of  Par- 
liamentary Practice  are  used.  One  of  the  rules  established 
by  the  constitution  is,  that  each  house  shall  sit  with  open 


THE  LF.GIST.ATTVE  DEPARTMENT  115 

doors,  except  on  such  occasions  as  require  secrecy.  This  is 
not  properly  a  rule  of  order,  however. 

Members  may  be  i)unished  or  expelled  for  disorderly 
conduct.  It  requires  a  two-thirds  vote  to  expel,  and  no 
])erson  can  be  so  punished  a  second  time  for  the  same 
oiTense. 

Privileges  of  Members.  Freedom  of  Speech.  No  mem- 
ber can  be  called  in  question  in  any  other  place  for 
anything  he  may  say  in  any  speech  or  debate  upon  any 
question  in  eitlier  house.  The  rules  of  order  determine  the 
mode  of  procedure  in  debate,  and  a  member  may  be  denied 
the  right  to  participate  in  discussion  for  violating  those 
rules. 

Freedom  from  Arrest.  Senators  and  representatives, 
in  all  cases  except  treason,  felony  and  breach  of  the  peace, 
are  privileged  from  arrest  while  attending  a  session  of  the 
legislature,  and  in  going  to  and  returning  from  the  same. 
Were  it  not  for  this  provision,  members  of  the  legislature 
might  be  arrested  on  false  charges  and  thus  be  prevented 
from  taking  part  in  the  work  of  law-making. 

Any  person  who  knowingly  arrests  a  member  in  viola- 
tion of  his  pri\ilege,  is  guilty  of  contempt,  and  may  be 
punished  by  line  or  imprisonment,  or  both.  The  same 
penalty  may  be  inflicted  upon  any  one  for  assaulting  or 
threatening  to  assault  a  member,  or  to  injure  his  person  or 
property,  on  account  of  anything  said  or  done  by  him  in 
the  discharge  of  his  duties.  Any  attempt  to  control  or 
influence  the  action  of  a  member,  by  menace  or  other 
improper  means,  is  considered  a  contempt,  and  may  l)e 
]nmished  as  prescribed  above.  Several  minor  ofTenses  may 
l)e  treated  in  the  same  way. 

Right  to  Object.  Any  member  has  the  right  to  dis- 
sent from,  or  protest  against,  any  act  or  resolution  which  he 
may  consider  injurious  to  the  public,  or  to  private  citizens. 


116  IOWA  AND  THE  NATION 

He  may  also  have  his  objections  to  the  measure  entered 
upon  the  journal  of  the  house  of  which  he  is  a  member. 

Yeas  and  Nays.  At  the  call  of  any  two  members  present, 
a  vote  by  yeas  and  nays  must  be  taken  and  recorded  in  the 
journal.  The  process  of  voting  in  this  way  is  longer  than 
the  ordinary  one,  but  it  serves  to  put  each  member  upon 
record  as  to  how  he  votes.  The  names  of  members  and  the 
manner  of  voting  are  made  a  part  of  the  record,  and  the 
people,  in  this  way,  are  enabled  to  learn  just  what  their 
representatives  are  doing. 

Punishments.  Fines  and  imprisonments  of  members 
for  contempt  are  made  upon  an  order  from  the  proper 
house.  The  order,  with  the  reasons  for  which  it  was  issued, 
must  be  entered  upon  the  journal.  A  warrant  for  imprison- 
ment is  signed  by  the  presiding  oiificer,  and  countersigned 
by  the  secretary  or  clerk.  The  sheriff,  or  jailor,  of  the 
proper  county  receives  the  warrant,  and  serves  it  in  the 
same  manner  as  any  other  writ.  Such  imprisonment  can- 
not extend  beyond  the  session  at  which  it  is  ordered,  but 
the  guilty  party  may  be  tried  and  punished  for  the  same 
offense,  in  the  courts  of  the  state. 

Restrictions  on  Members.  OtJicr  Offices.  As  a  means 
of  preventing  fraud,  the  following  section  was  adopted : 
"  No  senator  or  representative  shall,  during  the  time  for 
which  he  shall  have  been  elected,  be  appointed  to  any  civil 
office  of  profit  under  this  state,  which  shall  have  been 
created,  or  the  emoluments  of  which  shall  have  been 
increased  during  such  term,  except  such  offices  as  may  be 
filled  by  elections  by  the  people."  A  similar  provision  is 
contained  in  the  Constitution  of  the  United'  States. 

Ineligibility.  Persons  holding  lucrative  offices  under  the 
United  States,  the  state  of  Iowa  or  any  other  power,  are 
declared   by   the   constitution   of   the   state  to  be   ineligible 


THE  T,F.r,TST..\TTVF.  DF P.\R1"M1",XT  117 

to  a  seat  in  tlu'  ( icncral  .Assemhl}-.  Officers  of  the  militia 
who  ch'aw  no  annual  salary,  justices  of  tlie  ])cace,  ])ost- 
niasters,  whose  compensation  is  not  more  than  $100  per 
year,  and  notaries  puhlic,  are  not  inclu(le<l  in  the  provisions 
of  this  section. 

Settlement  of  Accounts.  Before  any  person  who  has 
heen  a  holder  or  collector  of  public  money,  can  take  his 
seat  as  a  member  of  the  General  Assembly,  or  be  eligible 
to  hold  any  office  of  trust  or  profit  in  this  state,  he  must 
have  accounted  for  and  paid  into  the  treasury  all  funds 
belonging  to  his  office.  This  is  to  prevent  persons,  guilty 
of  appropriating  public  money  to  im]iroper  uses,  from 
becoming  legislators  in  their  own  behalf. 

No  Extra  Coiipensation.  After  any  officer,  public  agent, 
or  contractor,  has  entered  upon  the  discharge  of  his  duties, 
or  completed  the  services  agreed  upon,  he  cannot  receive 
any  extra  compensation  for  such  services.  Xo  money  can 
be  drawn  from  the  public  treasury  except  in  accordance 
with  appropriations  made  by  law.  ^loney  cannot  be  paid 
on  any  claim  that  was  not  provided  for  by  pre-existing 
laws,  and  the  appropriation  of  public  money  or  property, 
for  private  purposes,  cannot  l)e  made  except  with  the  con- 
currence of  two-thirds  of  all  the  members  elected  to  each 
house. 

Laws  General.  The  General  Assembly  is  forbidden 
to  pass  any  local  or  special  laws  for  levying  taxes  for 
state,  county,  or  road  purposes ;  for  laying  out  and 
improving  roads ;  for  changing  the  names  of  persons ;  for 
the  incorporation  of  cities  and  towns ;  for  vacating  roads, 
town  plats,  streets,  alleys  or  public  squares ;  and  for  locat- 
ing or  changing  county  seats.  In  these  and  all  other  cases 
of  a  general  nature,  all  laws  must  be  of  uniform  operation 
throughout  the  state.     The  legislature  can  pass  no  law  for 


118  IOWA  AND  THE  NATION 

changing  the  boundaries  of  counties,  that  may  not.  at  a 
general  election,  be  ratified  or  rejected  by  the  people  of  the 
counties  afifected. 

Prohibitions.  The  General  Assembly  is  prohibited 
from  granting  divorces,  or  authorizing  lotteries  and  the  sale 
of  lottery  tickets  within  the  state.  Only  one  subject,  with 
the  matters  pertaining  to  it,  can  be  included  in  any  one  bill, 
and  the  subject  treated  of  must  be  stated  in  the  title  of  the 
bill.  If  the  subject  matter  of  any  bill  is  not  expressed  in 
the  title,  that  part  of  the  act  referring  to  such  subject  mat- 
ter is  void. 

Laws  Effective.  Laws  of  a  public  nature,  passed  at 
a  regular  session  of  the  legislature,  do  not  take  effect 
until  the  Fourth  of  July  after  they  are  passed.  The  laws 
enacted  at  a  special  session  take  effect  in  90  days  after 
adjournment.  Any  law  that  is  deemed  to  be  of  special 
importance  may  be  put  into  effect  immediately  by  publica- 
tion in  certain  designated  newspapers  published  in  the  state. 

Committees,  The  draft  of  a  proposed  law  is  called 
a  bill.  As  it  would  be  impossible,  in  open  session,  to  trans- 
act all  business  connected  with  law-making,  it  is  customary 
to  refer  certain  parts  of  the  work  to  committees.  These 
committees  are  of  two  kinds,  standing  and  special.  The 
nature  of  the  measure  determines  the  committee  to  which 
it  is  referred.  Committee  meetings  are  held  between  the 
daily  sessions  of  the  legislature,  and  the  result  of  their 
dehberations  is  reported  to  the  proper  house,  for  final 
action. 

Any  person  may  be  summoned  by  subpoena,  to  appear 
before  any  committee  of  either  or  both  houses  to  testify 
upon  any  subject  which  the  committee  may  be  considering. 
The  person  so  summoned  is  entitled  to  the  same  compensa- 
tion as  witnesses  before  the  district  court,  but  he  cannot 
demand  the  payment  of  his  fees  in  advance. 


THE  LF.GTSLATIVF.  DKPARTMF.XT  119 

Approval  of  Governor.  Rills  may  be  introduced  in 
cither  house,  but  the  other  house  may  alter,  amend,  or 
reject  them  altogether.  Uefore  a  l>ill  can  become  a  law.  it 
must  pass  both  houses  and  be  signed  l)y  the  sjieaker  of  the 
house  and  the  president  of  the  senate.  It  is  then  presented 
to  the  governor  for  approval.  If  he  is  satisfied  with  its 
provisions,  he  af^xes  his  signature,  and  the  bill  becomes  a 
law.  If  he  objects  to  the  bill,  it  is  his  duty  to  return  it  to 
the  house  in  which  it  originated,  with  his  objections. 

Veto.  These  objections  being  entered  upon  the  journal, 
this  house  then  proceeds  to  reconsider  the  bill.  If, 
after  such  reconsideration,  the  bill  is  again  passed  by  a 
two-thirds  majority  of  each  house,  it  becomes  a  law, 
notwithstanding  the  governor's  objections.  The  refusal  of 
the  governor  to  sign  a  bill  is  called  his  veto.  Veto  is  a 
Latin  expression,  signifying.  "  I  forbid  it." 

Governor's  N'eglccf.  The  failure  of  the  governor  to 
return  a  bill  within  three  days  from  the  time  it  is  pre- 
sented to  him  (Sunday  excepted),  is  equivalent  to  his  signa- 
ture, unless  the  General  Assembly,  by  adjournment,  prevent 
its  return.  Bills  presented  to  the  governor  during  the  last 
three  days  of  the  session  must  be  deposited  by  him  with 
the  secretary  of  state  within  30  days  from  the  time  the 
legislature  adjourned.  He  must  also  signify  his  approval 
by  signing  the  bills,  or  if  he  vetoes  a  bill,  his  objections 
must  be  filed  with  the  secretary  of  state,  along  with  the 
bill  itself. 

Readings  of  Bill.  Every  act  or  resolution  receives 
three  separate  readings,  but  its  second  and  third  readings 
can  not  occtn-  upon  the  same  day.  A  bill  cannot  be  passed 
without  the  assent  of  a  majority  of  all  the  members  elected 
to  each  branch  of  the  legislature.  The  question  upon  its 
final  passage  must  be  taken  immediately  after  its  last  read- 
ing, the  vote  being  by  yeas  and  nays. 


120  IOWA  AND  THE  NATION 

The  procedure  in  making  laws  is  practically  the  same  in 
the  Congress  of  the  United  States  and  in  all  state  legisla- 
tures.   This  method  is  fully  explained  in  Part  III,  page  212. 

Joint  Convention.  Certain  Inisiness  of  the  General 
Assembly  is  transacted  in  joint  convention  of  both  houses. 
Such  meetings  are  held  in  the  hall  of  the  house  of  repre- 
sentatives, and  in  the  absence  of  the  president  of  the  sen- 
ate and  speaker  of  the  house,  a  temporary  president  is 
chosen  on  joint  ballot.  A  record  of  the  proceedings  is  kept 
by  the  clerk  of  the  house  and  the  secretary  of  the  senate, 
and  recorded  by  them  upon  the  journals  of  their  respective 
houses. 

United  States  Senator.  In  1913  the  seventeenth 
amendment  to  the  Constitution  of  the  United  States  was 
ratified.  This  amendment  provides  for  the  election  of 
United  States  senators  by  the  direct  vote  of  the  people,  and 
its  ratification  virtually  repealed  this  clause  of  Article  II  of 
the  constitution  of  Iowa. 

QUESTIONS   AND   SUGGESTIONS 

1.  Name  the  departments  of  government  and  define 
each. 

2.  What  are  the  legal  qualifications  of  senators  and 
representatives  ? 

3.  How  many  senators  and  how  many  representatives 
have  we  in  Iowa?  What  provision  does  the  constitution 
make  as  to  the  relative  number?  Who  is  your  representa- 
tive?    Senator?     What  party  supported  him? 

4.  When  does  the  General  Assembly  meet?  What 
officers  are  elected  by  each  house?  Who  determines 
whether  members  have  been  duly  elected? 

5.  What  privileges  have  the  members?  WHiat  restric- 
tions are  placed  upon  them? 


THE  LF.GTSLATTVK  nEPARTMKXT  121 

6.  What  is  the  purpose  of  a  vote  hy  "  Yeas  and  Xays  "  .'' 

7.  What  is  each  of  the  following?  Veto,  governor's 
neglect,  bill,  law,  joint  convention,  impeachincnl  ? 

8.  Follow  the  proceedings  of  the  General  Assembly  in 
the  papers,  if  it  is  in  session.  A'isit  botli  Iiduscs  if 
practicable. 

9.  What  advantages  would  a  small  legislature  have  over 
one  of  large  membership?  What  advantage  is  there  in  two 
houses  ? 

10.  If  you  were  interested  in  having  a  law  passed  abolish- 
ing saloons,  how  would  you  go  about  it  to  bring  it  to  the 
attention  of  the  legislature? 

11.  Secure  a  copy  of  the  Code  of  lozca  and  learn  what 
laws  the  General  Assembly  has  passed  regarding:  child 
labor,  factory  inspection,  insurance  of  employees  and  public 
health. 

12.  Study  the  subjects  suggested  in  the  statement  above 
in  other  books  and  report  on  them  in  class  or  use  them  for 
subjects  in  your  composition  lesson. 


CHAPTER  IV 

THE  EXECUTIVE  DEPARTMENT 

ARTICLE  IV 

I.     Officers  Provided  by  the  Constitution 

Governor.  To  the  executive  department  belongs  the 
duty  of  enforcing  the  laws  of  the  state.  The  governor  is 
the  chief  officer  of  the  state.  He  is  elected  every  second 
year  by  the  qualified  voters.  The  election  occurs  on  the 
Tuesday  next  after  the  first  Monday  in  November  of  each 
even-numbered  year,  and  the  term  of  office  begins  on  the 
second  Monday  in  January  following  the  election.  The 
duties  of  the  governor  are  very  important,  for  to  him  is 
entrusted  the  enforcement  of  the  laws. 

Qualifications.  The  qualifications  of  the  governor  are 
not  the  same  in  all  the  states.  In  Iowa,  no  person  is  eligible 
to  that  position  who  is  not  a  male  citizen  of  the  United 
States,  at  least  thirty  years  of  age,  and  who  has  not  been 
a  resident  of  the  state  for  two  years  immediately  preceding 
the  election.  A  lieutenant-governor  is  chosen  at  the  time 
the  governor  is  elected.  He  must  have  the  necessary  qualifi- 
cations for  governor,  and  his  term  of  office  is  the  same  as 
that  of  the  governor. 

Returns  of  Election.  The  returns  of  the  election  for 
governor  and  lieutenant-governor  are  sealed  and  trans- 
mitted to  the  seat  of  government.  They  are  directed  to 
the  Speaker  of  the  House  of  Representatives,  and  it  is  his 
duty  to  open  and  publish  them  in  the  presence  of  both  houses 
of  the  General  Assembly. 

122 


THE  EXECUTIVE  DEPARTMENT  123 

The  persons  who  have  received  the  highest  number  of 
votes  for  governor  and  lieutenant-governor  respectively,  are 
declared  elected.  In  case  of  a  tie  vote  for  two  or  more 
persons  for  either  office,  it  is  the  duty  of  the  General  Assem- 
bly in  joint  meeting  to  proceed  to  the  election  of  governor 
or  lieutenant-governor,  as  the  case  may  be. 

Duties.  The  governor  is  required  to  discharge  the  fol- 
lowing duties : 

1.  To  act  as  commander-in-chief  of  the  militia,  and  of 
the  army  and  navy  of  the  state. 

2.  To  transact  business  for  the  state  with  all  civil  and 
military  officers  of  the  government. 

3.  To  fill  vacancies  in  state  offices  by  appointment  unless 
the  laws  provide  that  they  shall  be  filled  in  some  other  way. 
These  appointments  last  only  until  the  end  of  the  next 
meeting  of  the  General  Assembly  or  until  the  next  general 
election. 

4.  To  transmit  a  message  to  the  General  Assembly  as 
soon  as  the  organization  of  that  body  is  completed.  This 
message  contains  a  statement  of  the  condition  of  the  state, 
and  such  recommendations  as  the  governor  sees  fit  to  make 
concerning  important  matters. 

Pozvers.    The  governor  possesses  the  following  powers : 

1.  To  fix  the  time  for  adjournment  of  the  General 
Assembly  in  case  both  houses  fail  to  agree  upon  a  time  for 
adjournment. 

2.  To  grant  reprieves  and  pardons  except  in  cases  of 
impeachment  and  treason,  subject  to  regulations  provided 
by  law. 

Each  case  of  reprieve,  commutation,  pardon  or  remis- 
sion of  fine  or  forfeiture  must  be  reported  to  the  General 
Assembly  at  its  next  meeting.  In  every  case  the  report 
must  give  the  name  of  the  person  relieved  and  the  reasons 
for  the  governor's  action. 


124  IOWA  AND  THE  NATION 

o.  To  suspend  execution  of  the  sentence  of  a  person 
convicted  of  treason  until  the  General  Assembly  can  pass 
upon  the  case. 

4.  To  remit  fines  and  forfeitures  under  restrictions  made 
by  law. 

5.  To  require  reports  and  other  information  from  the 
other  officers  of  the  executive  department  upon  any  subject 
pertaining  to  their  duties. 

6.  To  call  special  sessions  of  the  General  Assembly. 
The  call  must  be  made  by  proclamation,  and  when  both 

houses  have  assembled  it  is  the  governor's  duty  to  state 
the  reasons  for  which  they  have  been  convened. 

Salary.  The  salary  of  the  governor  is  fixed  at  $5,000  a 
year.  He  is  also  allowed  his  actual  expenses  for  visiting 
the  different  state  institutions.  His  house  rent,  not  to 
exceed  $600  dollars  annually,  is  also  paid  out  of  the  state 
treasury. 

Great  Seal. — Motto. — The  governor  is  the  custodian 
of  the  great  seal  of  the  state,  which  is  used  by  him  officially 
in  sealing  all  grants  and  commissions.  All  commissions 
granted  by  the  governor  must  be  signed  by  him  and  coun- 
tersigned by  the  secretary  of  state.  The  motto  of  the  state 
is  a  grand  one  : 

"Our  liberties  we  prize,  and  our  rights  v^e  will 
maintain." 

Lieutenant-Governor.  The  lieutenant-governor  is 
ex-officio  president  of  the  senate,  but  he  has  no  vote  except 
when  that  body  is  equally  divided.  In  case  of  the  absence 
or  disability  of  this  officer,  or  when  he  is  discharging  the 
duties  of  governor,  it  becomes  necessary  for  the  senate  to 
choose  a  president  pro-tem.  The  salary  of  the  lieutenant- 
eovernor  is  fixed  at  double  that  of  members  of  the  senate. 
This,  according  to  the  present  law,  amounts  to  $2,000  for 
the  term  of  two  years.     In  case  of  the  death,  impeachment, 


THE  EXECUTIVE  DEPART.Ml'.XT  125 

resignation  or  removal  of  the  governor,  the  chitics  of  that 
officer  devolve  upon  the  lieutenant-governor,  and  during  the 
time  he  is  acting  in  such  capacity,  he  receives  the  same 
compensation  as  the  governor. 

President  Pro-tem.  If  the  lieutenant-governor,  while 
acting  as  governor,  is  impeached  or  displaced,  or  for  any 
other  reason  becomes  unable  to  perform  the  duties  devolving 
upon  him,  the  president  pro-tem  of  the  senate  acts  as 
governor  until  the  vacancy  is  filled,  or  the  disability 
removed.  And  in  case  this  officer  becomes  disqualified  from 
any  cause,  the  speaker  of  the  house  of  representatives  acts 
in  his  stead. 

Secretary  of  State.  The  secretary  of  state  is  elected 
by  the  qualified  voters  for  a  term  of  two  years.  He  has 
charge  of  all  the  records  of  the  territorial  government  of 
Iowa,  the  enrolled  copies  of  the  constitutions  of  the  state — 
the  old  one  of  1846  and  the  new  one  of  1837 — and  all  other 
records  of  the  state  not  kept  by  the  other  executive  officers. 
All  commissions  signed  by  the  governor  are  countersigned 
by  him,  and  a  record  of  them  is  kept  by  him  in  a  register 
provided  for  that  purpose. 

He  is  also  required  to  make  a  biennial  report  to  the 
governor  of  all  criminal  cases  as  reported  to  him  by  the 
clerk  of  the  district  court  of  each  county.  He  also  acts  as 
register  of  the  land  office,  and  there  are  many  valuable 
papers  and  records  relating  to  the  sale  of  public  lands  on 
file  in  his  office.  His  bond  is  fixed  at  not  less  than  $5,000. 
but  it  is  usually  much  more  than  that.  His  salary  is  $3,600 
a  year,  and  that  of  his  deputy,  $1,800. 

Auditor  of  State.  The  auditor,  elected  fc^r  two  years, 
is  the  general  accountant  of  the  state,  and  to  him  is 
entrusted  the  duty  of  keeping  a  correct  account  of  all 
moneys  belonging  to  the  state  as  well  as  of  all  moneys 
expended.      He    superintends    the    fiscal    afifairs,    and    fur- 


126  IOWA  AND  THE  NATION 

nishes  information  and  blanks  in  the  proper  form  to  enable 
county  auditors  and  treasurers  to  report  to  him  the  items 
they  are  required  to  furnish  by  law. 

He  draws  warrants  on  the  state  treasury  for  all  appro- 
priations authorized  by  law,  and  reports  to  the  governor 
before  each  regular  session  of  the  General  Assembly,  the 
amount  of  all  revenue,  funds,  income  and  taxable  property 
of  the  state,  together  with  the  expenditures  for  all  purposes 
since  his  last  report. 

On  the  first  Monday  of  March  and  September  of  each 
year,  he  apportions  the  interest  on  the  permanent  school 
fund  among  the  counties  in  proportion  to  the  number  of 
persons  of  school  age  in  each.  The  office  of  the  auditor  is 
at  the  seat  of  government,  and  everything  that  is  necessary 
to  enable  him  to  discharge  the  duties  devolving  upon  him 
is  furnished  at  the  expense  of  the  state.  His  bond  is  fixed 
at  not  less  than  $10,000.  His  salary  is  $3,600  per  year,  and 
that  of  his  deputy,  $1,800. 

Treasurer  of  State.  The  treasurer,  also  an  elective 
officer,  receives  all  moneys  belonging  to  the  state  and  pays 
all  warrants  drawn  upon  the  treasury  by  the  auditor.  He 
keeps  a  record  of  all  warrants  paid  by  him,  and  reports  to 
the  auditor  once  a  week  the  number  and  amount  of  each 
paid  since  his  last  report,  and  also  the  name  of  payee  in 
each  case.  A  report  of  the  affairs  of  his  office  must  be  made 
to  the  governor  as  soon  as  practicable  after  the  first  Monday 
of  November  in  each  even-numbered  year.  His  bond  is 
fixed  at  not  less  than  $300,000.  His  salary  is  $3,600,  and 
that  of  his  deputy,  $1,800  per  year. 

II.     Officers  Provided  by  the  General  Assembly 

Superintendent  of  Public  Instruction.  The  state  super- 
intendent  of   public  instruction,   who   is   appointed   by   the 


THE  EXECUTIVE  DEPARTMENT  127 

governor  for  a  term  of  four  years,  has  general  supervision 
of  public  schools  of  the  state.  He  holds  conventions  of 
county  superintendents,  from  time  to  time,  for  the  purpose 
of  giving  explanations  and  instructions  that  will  lead  to 
uniformity  in  the  school  work  of  the  dilTerent  counties. 
His  salary  is  $4,000  per  annum.  The  duties  of  the  Super- 
intendent of  Public  Instruction  are  (lescril)ed  in  Part  I, 
Chapter  VH,  Education. 

Mine  Inspectors.  There  are  three  mine  inspectors 
appointed  by  the  governor,  to  serve  for  six  years.  Their 
term  of  office  commences  on  the  fourth  day  of  July  begin- 
ning with  the  year  1914.  For  convenience,  the  state  is 
divided  into  three  districts,  one  inspector  being  assigned  to 
each  district.  These  officers  are  required  to  give  all  their 
time  to  the  discharge  of  their  duties,  and  a  careful  examina- 
tion of  all  the  mines  of  the  state  is  made  at  frequent 
intervals. 

It  is  their  special  duty  to  see  that  the  mines  operated  in 
the  state  are  properly  ventilated,  and  that  suitable  outlets 
from  the  mines  are  provided.  They  must  also  see  that  the 
best  appliances  for  the  preservation  of  the  life  and  health 
of  miners  are  used  in  the  mines.  No  person  can  be  ap- 
pointed mine  inspector  unless  he  is  a  citizen  of  the  United 
States  and  of  Iowa,  of  good  moral  character,  and  at  least 
twenty-five  years  of  age.  Each  mine  inspector  must  have 
been  a  practical  miner  for  at  least  five  years.  The  salary 
of  each  inspector  is  $1,800  a  year. 

State  Sealer  of  Weights  and  Measures.  1  his  officer 
is  appointed  by  the  dairy  and  food  commissioner,  with  the 
approval  of  the  executive  council.  It  is  his  duty  to  have 
general  supervision  of  all  weighing  and  measuring  devices 
used  in  the  state  and  to  see  that  only  accurate  weights  and 
measures  are  used.  The  standard  weights  and  measures  are 
provided  by  the  state  and  are  kept  in  a  building  erected  for 


128  IOWA  AND  THE  NATION 

that  purpose  by  the  state,  at  Des  Moines.  The  salary  of 
the  sealer,  or  chief  inspector,  of  weights  and  measures  shall 
not  exceed  $1,800  a  year  and  actual  expenses. 

Veterinary  Surgeon.  The  state  veterinary  surgeon  is 
appointed  by  the  governor  for  a  term  of  three  years,  unless 
sooner  removed.  He  must  be  a  graduate  of  some  veterinary 
college,  and  a  person  skilled  in  veterinary  science.  He  has 
general  supervision  of  all  contagious  and  infectious  diseases 
of  animals  within  the  state,  and  he  is  empowered  to  quar- 
antine any  animals  so  diseased,  whether  they  are  owned  in 
the  state,  or  are  in  transit  through  the  state.  The  person 
holding  this  office  becomes  a  member  of  the  state  board  of 
health  by  virtue  of  his  appointment.  His  compensation  is 
$1,800  a  year,  and  actual  expenses  during  the  time  he  is 
occupied  in  the  discharge  of  his  duties. 

Attorney-General.  The  attorney-general  is  a  lawyer 
who  acts  as  counsel  for  the  General  Assembly  and  state 
officers,  and  appears  for  the  state  in  all  cases,  civil  or  crimi- 
nal, in  which  the  state  is  a  party,  when  requested  to  do  so 
by  the  governor,  executive  counsel,  or  General  Assembly. 
He  appears  as  prosecuting  attorney  for  the  state  in  all 
criminal  cases  tried  by  the  supreme  court  upon  appeal  from 
the  district  court.  At  the  request  of  the  legislature  or  any 
state  officer,  it  is  his  duty  to  give,  free  of  charge,  his 
opinion  in  writing  upon  any  question  of  law  that  may  be 
submitted  to  him. 

The  attorney-general  is  provided  with  an  office  in  the 
capitol  building  at  Des  Moines.  His  salary  is  fixed  at  $5,000 
a  year,  and  that  of  his  assistant,  at  $1,800.  He  is  also 
allowed  his  necessary  traveling  expenses  when  attending  to 
any  of  the  duties  of  his  office  elsewhere  than  at  the  seat  of 
government.  He  is  required  to  make  a  complete  report  of 
the  business  of  his  office  to  the  governor,  biennially. 

Adjutant-General.     The  adjutant-general  is  an  officer 


THE  EXECUTIVE  DEPARTMI-:NT  120 

appointed  by  the  governor  to  act  as  inspector  antl  paymaster- 
general  of  the  militia.  He  has  ihc  rank  of  brigadier-general. 
On  or  before  tlie  first  Alonchiy  of  January  of  the  year  fol- 
lowing the  one  in  which  the  census  of  the  state  is  taken,  he 
reports  to  the  adjutant-general  of  the  United  States  tlie 
whole  number  of  persons  in  the  state  subject  to  military 
duty.  He  issues  all  orders  of  the  governor  relating  to 
military  law,  and  causes  them  to  be  published,  from  time 
to  time,  as  it  becomes  necessary.  He  keeps  a  roll  of  all 
commissioned  officers  of  the  militia,  with  their  residence 
and  rank,  and  such  other  information  as  may  be  necessary 
concerning  them.     His  salary  is  $2,200  a  year. 

State  Printer.  The  state  printer  is  elected  by  the 
General  Assembly  in  joint  convention  for  a  term  of  two 
years.  His  office  is  at  the  seat  of  government,  and  it  is- his 
duty  to  print  the  journals  of  both  houses  of  the  General 
Assembly,  and  the  laws  enacted  by  that  body,  as  well  as  all 
forms,  blanks  and  other  incidental  matter  required  by  the 
different  state  officers.  His  work  must  be  promptly  done  in 
a  workmanlike  manner,  and  for  it.  he  receives  compensation 
fixed  by  law,  the  amount  of  which  depends  upon  the  work 
done.  His  bond  is  not  less  than  $5,000  and  must  be  signed 
by  at  least  three  sureties.  His  term  of  office  begins  on  tlie 
first  day  of  January  of  the  year  next  following  his  election. 

State  Binder.  This  officer  is  elected  in  the  same  man- 
ner as  the  state  printer,  and  enters  upon  the  discharge  of 
his  duties  at  the  same  time.  His  duty  is  to  bind  the  laws, 
journals,  and  such  incidental  printed  matter  as  may  be 
required  for  the  use  of  the  state.  The  work  must  be 
done  in  a  neat  and  workmanlike  manner,  and  to  secure 
this,  he  is  required  to  furnish  a  bond  of  not  less  than 
$2,000.  His  salary  depends  upon  the  amount  of  work  done, 
the  prices  of  the  different  kinds  of  work  being  fixed  l)y  law. 

State  Librarian.     The  state  librarian  is  appointed  l)y 


130  IOWA  AND  THE  NATION 

the  governor,  and  he  is  required  to  give  his  personal 
attention  to  the  care  of  the  state  library  during  the  time  it 
is  kept  open.  He  is  also  required  to  keep  a  complete  alpha- 
betical catalogue  of  all  books  belonging  to  the  library.  He 
reports  to  the  trustees,  at  stated  times,  the  number  and 
title  of  all  books  in  the  library,  the  amount  of  all  fines  and 
forfeitures  received,  and  such  other  information  as  may  be 
required  by  law. 

His  bond  is  fixed  at  $5,000,  and  his  salary  at  $2,400  a 
year.  He  appoints  three  assistant  librarians  at  salaries  rang- 
ing from  $900  to  $1,800  a  year. 

Dairy  and  Food  Commissioner.  The  food  and  dairy 
commissioner  is  appointed  by  the  governor  for  the  term 
of  two  years,  commencing  on  the  first  day  of  May  of  each 
even-numbered  year.  ■  His  salary  is  fixed  at  $2,700  a  year 
and  actual  expenses,  and  his  bond  at  $10,000.  The  office 
was  established  to  aid  in  abolishing  the  manufacture  and 
sale  of  imitations  of  dairy  products,  or  at  least  to  compel 
manufacturers  and  dealers  in  the  spurious  articles  to  label 
them  properly,  and  sell  them  as  imitations  under  the  names 
by  which  they  are  commonly  known.  The  commissioner 
must  be  a  person  who  has  had  practical  experience  in  the 
manufacture  of  dairy  products.  He  is  furnished  an  office 
at  Des  Moines,  and  to  enable  him  to  perform  all  the  duties 
required  of  him  an  appropriation  of  $50,000,  or  so  much 
thereof  as  may  be  necessary,  is  made  annually. 

The  Thirty-sixth  General  Assembly  (1915)  enacted  a 
law  which  provides  for  a  state  trade-mark  to  be  placed 
upon  properly   inspected  butter. 

Inspector  of  Illuminating  Oils.  The  governor,  under 
the  direction  of  the  state  board  of  health,  appoints 
not  to  exceed  fourteen  inspectors  of  illuminating  oils,  bien- 
nially. The  term  of  office  begins  on  the  first  day  of  July 
of  each  even-numbered  year.     It  is  the  duty  of  these  officers 


'I'lIR  EXECUTIVF.  DEPARTMF.XT  131 

to  test  all  the  illuminating  oils  made  from  petroleum,  and 
designed  to  be  sold  for  use  in  this  state.  All  oils  that  are 
not  properly  refined,  and  those  that  for  any  cause  will  emit 
a  combustible  vapor  at  a  lower  temperature  than  105  degrees 
Fahrenheit  are  rejected  by  the  inspectors,  and  severe  penal- 
ties are  provided  for  the  punishment  of  any  person  who  may 
be  guilty  of  selling,  or  offering  for  sale,  any  oil  so  rejected. 

Every  barrel  or  cask  inspected  is  properly  labeled  or 
branded  and  the  inspector's  name  signed.  The  number  of 
degrees  at  which  combustible  vapor  is  generated  is  also 
recorded  on  the  barrel  or  cask,  and  a  careful  record  is 
kept  of  all  inspections  made.  The  chief  inspector  is  allowed 
fees  not  to  exceed  $150  a  month;  other  inspectors,  fees  not 
to  exceed  $100  a  month.  The  inspector  may  appoint  as 
many  deputies  as  may  be  necessary  to  enable  him  to  per- 
form the  duties  of  his  office.  The  bond  of  each  inspector  is 
fixed  at  $5,000. 

Fish  and  Game  Warden.  For  the  purpose  of  keeping 
the  rivers  and  lakes  of  Iowa  stocked  with  fish,  pro- 
vision has  been  made  for  a  fish  hatching  house,  at  Spirit 
Lake,  owned  by  the  state,  and  from  which  small  fish  in 
vast  numbers  are  distributed  annually.  The  Fish  and  Game 
Warden  has  charge  of  this  hatching  house,  and  also  of  the 
erection  of  fish  ways,  by  means  of  which  fish  may  pass  up, 
down  or  through  the  water  courses  of  any  of  the  rivers  and 
lakes  of  Iowa.  It  is  also  his  duty  to  see  that  the  law  to 
prevent  the  catching  of  fish  at  certain  seasons  of  the  year  is 
complied  with.  His  salary  is  $2,200  a  year,  and  he  appoints 
three  deputies  at  a  salary  of  $1,200  a  year  each. 

Other  Officers.  A  custodian  of  public  buildings  is 
appointed  by  the  governor,  with  the  consent  of  the  senate, 
at  a  salary  of  $1,500  per  year.  He  is  entrusted  with  the  care 
of  the  capitol  and  grounds. 

A  hotel  inspector  is  appointed  to  enforce  the  laws  relat- 


132  IOWA  AND  THE  NATION 

ing  to  the  public  safety  and  sanitation  of  hotels.  He  is  a 
civil  engineer  and  receives  a  salary  of  $1,500  a  year. 

An  inspector  of  bees  is  appointed  by  the  governor  to 
give  advice  concerning  the  care  of  bees  and  the  production 
of  honey. 

A  director  of  weather  and  crop  service  is  appointed  by 
the  governor  at  an  annual  salary  of  $1,500.  It  is  his  duty 
to  establish  v^eather  and  crop  stations  in  each  county,  and 
to  make  reports  of  the  records  and  statistics  gathered. 

Inspectors  of  boats  are  appointed  to  examine  boats  as  to 
their  safety  and  to  issue  licenses  to  persons  qualified  to 
operate  them  for  the  use  of  the  public. 

A  fire  marshal  is  appointed  by  the  governor  at  an  annual 
salary  of  $2,500.  It  is  his  duty  to  investigate  the  causes  of 
fires  and  to  issue  information  designed  to  prevent  them. 
He  is  empowered  to  enforce  laws  against  buildings  which 
are  unsafe  or  improperly  constructed. 

III.     State  Boards,  Commissions  and  Societies 

Executive  Council.  The  governor,  auditor,  secretary 
of  state  and  treasurer  compose  the  Executive  Council.  Any 
three  of  these  officers  constitute  a  quorum  for  the  transac- 
tion of  business.  The  duties  of  this  body  are  numerous 
and  important,  for  to  it  is  given  the  general  management  of 
the  property  of  the  state. 

The  duties  of  township  trustees,  town  councils  and  boards 
of  supervisors  as  boards  of  equalization  are  explained  else- 
where. In  the  same  manner  the  executive  council  of  the 
state  serves  as  a  board  of  equalization  between  counties.  A 
board  of  this  kind  is  necessary  in  order  that  taxation 
for  the  support  of  the  state  government  may  be  uniform. 
By  accident  or  design  the  property  of  a  county  might  be 
assessed  very  low.    This  would  lessen  the  amount  of  money 


TTTF.  KXFXUTIVK  DF.PARTMI'XT  133 

raised  for  state  purposes,  but  it  would  not  affect  local 
taxation. 

To  raise  a  specified  sum  of  money  for  scliool  ]»urpo.>e^, 
for  example,  l)y  lowering  tlie  assessment,  it  would  l)e  neces- 
sary sim])ly  to  raise  the  rate  of  taxation,  i.ocal  boards, 
generally,  are  required  to  estimate  the  amount  of  money 
to  be  raised  instead  of  fixing  the  rate  of  assessment.  See 
Chapter  \'I,  Part  I,  Taxation. 

The  other  duties  of  the  Executive  Council  are  to  act  as  a 
board  to  audit  accounts  of  supplies  furnished  the  different 
state  officers,  and  to  provide  paper  for  the  public  ])rinting  as 
well  as  stationery  for  the  General  Assembly,  the  public 
ofBces  and  the  supreme  court.  All  warrants  drawn  by  this 
board  are  paid  out  of  the  public  treasury,  but  all  moneys 
so  drawn  must  be  reported  to  the  next  General  Assembly. 

Board  of  Control.  The  most  important  law  enacted 
by  the  Twenty-seventh  General  Assembly  provided  for  a 
board  of  control  for  the  various  institutions  supported  by 
the  state.  This  law  made  a  sweeping  change  in  the  manage- 
ment and  control  of  all  the  state  institutions,  except  the  state 
university,  the  state  teachers'  college,  and  the  state  agricul- 
tural college.  The  trustees  of  all  the  state  institutions,  not 
educational,  went  out  of  office  July  1,  1898,  and  at  that 
time,  their  management  passed  into  the  hands  of  the  board 
of  control. 

Members.  The  board  of  control  consists  of  three  mem- 
bers, appointed  by  the  governor,  but  the  appointment 
must  be  confirmed  by  two-thirds  of  the  members  of  the 
senate  in  executive  session.  The  members  of  the  first  board 
were  to  serve  for  two,  four  and  six  years  respectivel}',  and 
their  successors  the  full  term  of  six  years.  The  chairman 
of  the  board  for  each  biennial  period  is  the  member  who  has 
the  shortest  term  to  serve.  All  members  of  the  board  can- 
not belong  to  the  same  political  party,  and  no  two  memliers 


134  OWA  AND  THE  NATION 

shall  be  residents  of  the  same  congressional  district  at  the 
time  of  their  appointment. 

Duties.    The  following  institutions  are  under  the  manage- 
ment of  the  Board  of  Control : 

State  Hospitals  for  the  Insane 

School  for  the  Deaf 

Institution  for  the  Feeble-minded 

Industrial  Home  for  the  Adult  Blind 

Soldiers'  Home 

Soldiers'  Orphans'  Home 

Industrial  School  for  Boys 

Industrial  School  for  Girls 

The  Penitentiary  at  Fort  Madison 

The  Reformatory  at  Anamosa 

The  Tuberculosis  Sanitarium. 
Salary.  The  salary  of  each  member  of  the  board  of  con- 
trol is  $3,000  a  year  and  all  necessary  traveling  expenses 
incurred  in  the  discharge  of  his  duties.  The  bond  of  each 
member  of  the  board  is  fixed  at  $25,000,  with  sureties  to  be 
approved  by  the  governor.  Suitable  offices  are  provided  for 
the  board  at  the  seat  of  government,  and  the  board  is  allowed 
a  secretary  and  such  other  clerical  help  as  may  be  necessary 
to  enable  it  to  do  the  work  required  in  a  satisfactory  manner. 
State  Agricultural  Society.  The  State  Agricultural 
Society  was  organized  for  the  purpose  of  stimulating 
an  interest  in  improved  methods  of  farming  and  stock  rais- 
ing. There  are  104  local  societies  in  Iowa,  and  delegates 
from  these  local  organizations  are  chosen  annually  to  attend 
a  meeting  of  the  state  society  for  the  purpose  of  choosing  a 
president,  vice-president,  secretary  and  treasurer,  for  one 
year,  and  a  board  of  five  directors  to  serve  for  two  years, 
and  for  the  transaction  of  other  business  in  which  the 
society  may  be  interested.  A  state  fair  is  held  annually  at 
Des  Moines  under  the  direction  of  this  society,  and  the  best 


THE  EXECUTIVE  DEPARTMENT  135 

products  of  the  farm  arc  there  cxliil)itc(l.  rrcmiunis  for  the 
best  exhibits  of  all  kinds  are  paid,  aggregating  $25,000  a 
year. 

Horticultural  Society.  The  object  of  this  society  is  to 
l)romote  an  interest  in  horticulture.  It  works  in  connection 
with  the  State  Agricultural  Society,  and,  owing  to  its 
efforts,  an  increased  interest  is  shown  in  the  raising  of 
the  various  products  of  the  garden.  The  sum  of  $2,500  a 
year  is  appropriated  out  of  the  state  treasury  for  the  benefit 
of  this  society. 

Railroad  Commissioners.  For  many  years,  the  rail- 
road commissioners  of  the  state  were  appointed  by  the 
governor,  subject  to  approval  by  the  Executive  Council, 
but  the  office  is  now  an  elective  one.  The  term  of  office 
is  four  years.  No  person  who  is  engaged  in  serving  the 
public  as  a  public  carrier,  and  no  one  having  a  pecuniary 
interest  in  any  railroad  is  eligible  to  the  office  of  railroad 
commissioner. 

These  commissioners  have  the  general  supervision  of  all 
railroads  operated  by  steam  in  the  state,  and  it  is  their  duty 
to  see  that  the  laws  governing  railroad  companies  and 
employees  are  strictly  complied  with.  The  books  of  any 
railroad  company,  at  any  station  or  office,  are  open  to  inspec- 
tion by  this  board,  and  any  officer  or  agent  may  be  examined 
under  oath.  On  or  before  the  first  Monday  of  December 
of  each  year,  they  report  to  the  governor  the  work  done 
by  them  during  the  past  year,  and  make  such  recommenda- 
tions in  relation  to  their  duties  as  they  may  think  necessary. 

The  salary  of  each  commissioner  is  $2,200  a  year ;  that 
of  the  secretary,  $1,800.  To  secure  the  faithful  performance 
of  his  duties,  each  commissioner  is  required  to  give  bonds 
to  the  amount  of  $10,000.  Members  of  the  board  and  the 
secretary  are  sworn  to  perform  the  duties  devolving  upon 
them  to  the  best  of  their  ability. 


136  IOWA  AND  THE  NATION 

Dental  Examiners.  The  members  of  this  board  are 
five  in  number,  one  being  appointed  each  year  by  the  gov- 
ernor of  the  state,  for  a  term  of  five  years.  All  dentists 
doing  business  in  the  state  are  required  to  register  with  the 
board,  and  all  persons  commencing  the  practice  of  dentistry 
must  possess  a  diploma  from  some  reputable  college  of  den- 
tistry, or  pass  a  satisfactory  examination  before  the  board 
and  receive  a  license  to  practice  in  the  state.  Each  member 
is  allowed  five  dollars  a  day  and  actual  expenses  for  the 
time  employed. 

Board  of  Health.  The  establishment  of  the  board  of 
health  was  for  the  purpose  of  making  such  regulations  and 
investigations  such  a  board  may  from  time  to  time  deem 
necessary  for  the  improvement  or  preservation  of  the  public 
health.  The  board  issues,  from  time  to  time,  circulars  and 
pamphlets  containing  valuable  information  about  the  pre- 
vention of  contagious  diseases,  and  along  the  lines  of  general 
sanitation. 

The  state  is  becoming  more  and  more  interested  in  public 
health.  In  addition  to  the  activities  of  the  board  of 
health,  many  laws  have  been  passed  providing  for  pure 
foods  and  drugs,  sanitary  factory  conditions,  restriction 
of  child  labor,  and  many  other  measures  designed  to  safe- 
guard the  health  of  the  people.  One  of  the  most  important 
provisions  in  the  interest  of  public  health  was  made  by  the 
General  Assembly  in  1915.  By  the  terms  of  this  provision, 
medical  treatment  for  crippled  boys  and  girls  will  be 
given  in  the  state  medical  hospital  at  Iowa  City  free  of 
charge. 

Hoiv  Composed.  The  board  is  composed  of  the  attorney- 
general  and  the  state  veterinary  surgeon,  who  are  members 
cx-officio,  a  civil  engineer,  and  seven  physicians  who  are 
appointed  by  the  governor.  The  term  of  office  is  seven 
years,    and    it    is    so    arranged    that    the    term    of    one    of 


THE  EXECUTIVI-   DEPARTMENT  137 

the  physicians  exi)ires  on  the  thirty-hrst  day  ol  January  of 
each  year.  The  board  elects  a  president  from  its  own  mem- 
bership. A  secretary  is  also  chosen  at  a  salary  of  $2,400  a 
year.  The  regular  members  of  the  board  are  paid  their 
actual  expenses  while  serving  in  their  official  capacity,  but 
they  receive  no  salary. 

Commissioners  of  Pharmacy.  The  three  members  of 
this  commission  are  appointed  by  the  governor  for  a  term 
of  three  years.  The  members  of  the  board  are  selected 
from  the  most  competent  pharmacists  in  the  state,  and 
no. person  is  eligible  to  membership  unless  he  has  been  a 
resident  of  the  state  for  five  years,  and  been  a  practicing 
pharmacist  for  the  same  length  of  time. 

The  special  work  of  this  board  is  to  see  that  none  but 
thoroughly  competent  persons  are  permitted  to  sell  drugs 
and  fill  prescriptions  of  medicine.  To  accomplish  this,  all 
persons  who  desire  to  engage  in  the  business  of  selling  drugs 
or  dispensing  medicines  within  the  state,  must  first  obtain 
a  certificate  from  the  commissioners  of  pharmacy.  The 
examinations  conducted  by  this  board  are  very  strict.  The 
compensation  of  each  meml)er  is  five  dollars  for  each  day 
actually  employed  in  the  discharge  of  his  duties. 

State  Highway  Commission.  1^his  commission  cimi- 
sists  of  three  members  with  its  office  at  the  Iowa  State 
College,  at  Ames.  One  of  the  members  is  dean  of  engineer- 
ing at  the  State  College  and  the  other  two  are  appointed 
by  the  governor  for  a  term  of  four  years.  Their  duties  are 
to  devise  plans  for  the  construction  of  good  roads  in  the 
different  counties  of  the  state.  The  two  members  appointed 
receive  ten  dollars  a  day  for  the  time  actually  employed, 
but  the  total  salary  shall  not  exceed  $1,000  a  year. 

State  Board  of  Education  and  State  Board  of  Exam- 
iners. The  duties  of  these  boards  are  described  in 
Chapter  VIT,  Education. 


138  IOWA  AND  THE  NATION 

Board  of  Parole.  The  constitution  confers  the  power 
of  paroHng  prisoners  upon  the  governor,  and  it  can  be 
exercised  by  him  only,  but  the  General  Assembly  has  pro- 
vided a  board  of  three  members.  This  board  meets  at  least 
four  times  a  year  to  investigate  cases  for  pardon  or  parole, 
and  make  recommendations  to  the  governor.  The  governor 
usually  follows  their  recommendations,  since  they  have  gone 
carefully  into  the  merits  of  each  case.  The  board  of 
parole  was  created  as  a  result  of  the  modern  movement 
for  prison  reform,  in  which  an  attempt  is  made  to  reform 
rather  than  punish  criminals,  and  to  return  them  to  society 
as  useful  citizens. 

Historical  Society.  This  society  was  organized  for  the 
purpose  of  collecting  and  preserving  everything  of  a  his- 
torical nature,  in  connection  with  the  state  of  Iowa.  Books, 
pamphlets,  maps,  charts,  manuscripts  and  other  material 
of  a  like  character  bearing  upon  the  history,  progress  and 
present  condition  of  the  state,  are  obtained  from  all  sources 
possible,  and  arranged  in  suitable  form  for  preservation. 
The  collection  made  by  the  society  is  kept  in  the  state  his- 
torical building  at  Des  Moines.  The  officers  of  the  society 
consist  of  eighteen  curators,  nine  being  appointed  by  the 
governor  in  June  of  each  even-numbered  year,  and  nine 
chosen  by  the  society  from  its  own  membership  in  June 
of  each  odd-numbered  year.  No  officer  or  member  of  the 
society  receives  any  compensation  from  the  state  for  his 
services. 

Bureau  of  Labor  Statistics.  The  principal  work  of 
this  bureau  is  performed  by  an  officer  called  the  commis- 
sioner of  labor  statistics.  It  is  his  duty  to  collect  and 
arrange  statistics  designed  to  show  the  exact  commercial, 
social,  educational  and  sanitary  condition  of  the  laboring 
classes  of  the  state,  and  the  changes  that  are  being  made  in 
the  condition  of  these  classes,  for  better  or  worse.     He  is 


THE  EXECUTIVE  DEPARTMENT  139 

charged  with  the  coUeclion  of  information  concerning  the 
agrictiUural,  manufacturing  and  mining  interests  of  the 
state.  It  is  also  his  duty  to  correspond  with  persons  Hkely 
to  be  interested  in  the  development  of  any  of  Iowa's 
resources,  and  to  furnish  such  persons  with  any  information 
they  may  desire  concerning  the  products  of  the  state. 
A  biennial  report  of  the  work  done  by  this  bureau  is 
required  by  law. 

The  commissioner  is  appointed  by  the  governor  for  a 
term  of  two  years,  commencing  on  the  first  day  of  April 
in  each  even-numbered  year.  The  salary  is  $1,800  a  year, 
with  an  allowance  for  the  necessary  postage,  stationery  and 
expenses  of  the  office.  There  are  also  three  factory 
inspectors  at  a  salary  of  $100  a  month,  and  one  of  these 
must  be  a  woman. 

Greater  activity  is  being  assumed  by  the  state  each 
year  in  the  solution  of  its  industrial  and  labor  problems. 
The  General  Assembly  of  1915  established  a  state  employ- 
ment bureau.  It  is  the  purpose  of  this  bureau  to  provide 
employment  for  men  who  are  out  of  work. 

Other  Boards.  There  are  a  number  of  other  boards 
whose  chief  duty  is  to  act  as  examiners  and  issue  licenses. 
The  board  of  law  examiners  is  composed  of  the  attorney- 
general  and  four  other  members  appointed  by  the  supreme 
court.  It  is  their  duty  to  examine  applicants  who  desire  to 
practice  law.  They  receive  $15  per  day  for  time  so  spent.  The 
board  of  examiners  for  mine  inspectors  is  appointed  by  the 
Executive  Council,  and  it  is  their  duty  to  examine  the  qualifi- 
cations of  those  who  wish  to  act  as  mine  inspectors.  The 
board  of  medical  examiners  is  composed  of  the  physicians 
who  are  members  of  the  board  of  health.  It  is  their  duty 
to  license  persons  qualified  to  practice  medicine  or 
osteopathy.  The  board  of  optometry  examiners  is  composed 
of  three  optometrists,  one  physician  and  the  secretary  of 


140  IOWA  AND  THE  NATION 

the  board  of  health.  Their  duty  is  to  examine  and  hcense 
persons  quahfied  to  practice  optometry. 

The  chief  functions  of  the  board  of  Hbrary  trustees  and 
the  board  of  geological  surveys  is  to  appoint  a  competent 
librarian  and  geologist  respectively.  The  first-named  board 
is  composed  of  the  governor,  secretary  of  state,  superinten- 
dent of  public  instruction,  and  the  judges  of  the  supreme 
court.  The  geological  board  is  composed  of  the  governor, 
the  presidents  of  the  state  university,  state  agricultural 
college  and  academy  of  science,  and  the  state  auditor.  These 
officers  receive  no  additional  salary.  The  board  of  voting 
machine  commissioners  is  appointed  by  the  governor.  It 
is  composed  of  three  members  whose  duty  is  to  examine 
the  accuracy  of  voting  machines  wherever  they  may  be  in  use. 

Qualification  of  Officers.  No  civil  officer  can  enter 
upon  the  discharge  of  his  duties  until  he  has  qualified  by 
taking  an  oath  of  office  according  to  law.  The  governor 
and  lieutenant-governor  are  required  to  take  the  official 
oath  in  the  presence  of  the  General  Assembly  in  joint  con- 
vention. The  oath  is  administered  to  them  by  a  judge  of 
the  supreme  court.  jNIembers  of  the  General  Assembly  qual- 
ify by  taking  the  oath  prescribed  for  them  in  the  third  article 
of  the  constitution. 

Oath.  In  addition  to  the  obligation  to  support  the 
Constitution  of  the  United  States  and  that  of  the  state  of 
Iowa,  judges  of  the  supreme  and  district  courts  must  sub- 
scribe to  an  oath  in  writing,  that  they  will  administer  jus- 
tice to  rich  and  poor  alike,  without  fear,  favor,  affection  or 
hope  of  reward.  The  officers  above  mentioned,  together 
with  county  supervisors  and  township  trustees,  are  not 
required  to  give  bonds. 

Sureties.  All  other  civil  officers  are  required  to  give 
sureties  in  double  the  amount  to  be  secured.  For  example, 
if  the  bond  is  fixed  at  $1,000,  the  signers  must  have  property 


THE  EXECUTIVE  DEPARTMENT  141 

valued  at  $2,000  above  all  indebtedness.  The  anioimt  of 
the  bond  required  differs  according  to  the  responsibility  of 
the  office  and  the  amount  of  money  to  be  handled.  The 
bond  of  the  state  treasurer  cannot  be  less  than  $300,000, 
and  is  the  heaviest  one  required. 

Bonds  Jpproz'cd.  Bonds  of  state  officers  are  fixed  by 
law  and  approved  by  the  governor,  those  of  the  county 
officers  by  the  county  supervisors.  The  township  clerk 
approves  the  bonds  of  all  township  officers  except  his  own 
and  those  of  justices  of  the  peace  and  constables.  All 
officers  are  required  to  qualify  before  a  stated  time,  usually 
the  first  Monday  in  January  following  their  election,  and  a 
refusal  to  qualify  within  the  time  prescribed  is  considered 
a  refusal  to  serve. 

Vacancies.  \'acancies  in  office  are  filled  by  appoint- 
ment as  follows : 

In  the  office  of  clerk  and  reporter  of  the  supreme  court, 
by  the  supreme  court.  In  all  other  state  offices,  and  in  the 
membership  of  any  board  or  commission  created  by  the 
state,  where  no  other  method  is  especially  provided,  by  the 
governor. 

In  county  offices,  vacancies  are  filled  by  the  board  of 
supervisors,  and  in  the  membership  of  that  board,  by  the 
county  auditor,  county  recorder  and  clerk  of  the  district 
court. 

Vacancies  in  township  offices  are  filled  by  the  trustees, 
but  when  the  offices  of  the  three  trustees  are  all  vacant, 
the  clerk  appoints  the  necessary  officer,  and  if  there  is  no 
clerk,  the  appointment  is  made  by  the  county  auditor. 

The  constitution  of  Iowa  provides  that  an  officer 
appointed  to  fill  a  vacancy  in  an  elective  office  holds  until 
the  next  regular  election,  and  until  his  successor  is  elected 
and  qualified.  But  a  person  elected  to  fill  such  vacancy 
holds  for  the  remainder  of  the  unexpired  term. 


142  IOWA  AND  THE  NATION 

QUESTIONS  AND  SUGGESTIONS 

1.  What  arc  the  legal  qualifications  for  governor?  What 
other  qualifications  do  you  think  a  governor  ought  to  have  ? 
Who  is  our  present  governor  ?    Which  party  supported  him  ? 

2.  What  are  the  duties  of  the  chief  executive  of  low^a? 
In  using  his  veto  power  he  exercises  a  legislative  function. 
Does  he  exercise  any  other  influence  over  legislation?  Are 
the  branches  of  our  government  kept  entirely  separate  ?  Do 
you  think  there  ought  to  be  a  closer  union  between  these 
departments  in  our  state  government  similar  to  the  com- 
mission form  of  city  government?  Give  reasons  for  and 
against. 

3.  Who  is  ex-officio  president  of  the  senate?  What  are 
his  regular  duties  ?  When  may  he  vote  on  legislation  ?  What 
is  the  order  of  succession  in  case  of  the  death  or  disability 
of  the  governor? 

4.  W'hat  executive  officers  are  specifically  provided  for 
by  the  constitution?  W'hat  article  and  section  makes  this 
provision  ?  State  the  duties  of  each  of  these  officers.  What 
would  be  the  advantages  of  having  them  appointed  by  the 
governor  ? 

5.  Name  ten  executive  officers  not  specifically  provided 
for  by  the  constitution.  By  what  authority  were  these 
offices  created?  How  are  the  offices  filled?  What  are  the 
advantages  of  these  methods  over  having  them  elected  by  the 
people?  Is  it  undemocratic,  that  is,  do  these  methods  neces- 
sarily lessen  the  power  of  the  people? 

6.  State  which  of  the  above  officers  have  charge  of  the 
educational  interests  of  the  state.  Which  ones  does  the  state 
provide  in  the  interests  of  her  natural  resources?  Which 
ones  in  the  interests  of  her  health  and  safety?  Name  at 
least  two  in  each  case.  Which  are  merely  appointed  for 
economy   in   handling   certain   affairs   of    the   government? 


THE  EXECUTIVE  DEPARTMENT  143 

Could     the    state    printing    and    binding    be    done    more 
economically  if  given  to  private  printers  in  the  state? 

7.  Who  compose  the  Executive  Council?  If  given  the 
power,  could  this  council  handle  the  affairs  of  the  state 
without  a  legislature  ?    What  are  their  duties  as  a  council  ? 

8.  Discuss  the  duties  of  the  highway  commission.  In 
what  ways  do  good  roads  benefit  farmers?  Town  people? 
What  advantages  are  good  roads  to  consolidated  schools? 
What  amounts  of  money  have  been  spent  on  road  improve- 
ment? Has  it  been  wisely  spent?  Why?  Consult  the  county 
engineer  or  learn  from  books  and  other  sources  all  you  can 
concerning  clay,  loam,  sandy  and  rocky  roads,  and  the 
manner  of  improving  them.  Learn,  if  possible,  the  relative 
cost  of  brick,  concrete,  asphalt  and  macadam  paving. 

9.  Discuss  the  duties  of  the  board  of  health.  Secure 
as  many  pamphlets  and  bulletins  as  possible  from  the  secre- 
tary of  this  board,  who  will  be  glad  to  send  them  free  of 
charge.  Study  these  and  make  them  the  basis  of  investiga- 
tion of  problems  of  public  health.  Other  sources  should 
be  drawn  upon  also.  Investigate  as  many  as  possible  of  the 
following:  (a)  Contagious  diseases,  (b)  disposal  of  house- 
hold waste,  (c)  pure  water,  (d  )  medical  atjd  dental  inspec- 
tion in  schools,  (e)  vaccination  and  quarantine,  (f) 
ventilation  of  buildings,  (g)  baby  health  contests.  In  what 
ways  are  the  commissioners  of  pharmacy  and  the  dental 
examiners  related  to  the  problem  of  public  health  ? 

10.  WHiat  societies  has  the  state  provided  to  encourage 
her  greatest  industries?  Find  out  in  how  many  other  ways 
the  state  aids  her  agricultural  and  manufacturing  interests. 

11.  Secure  information  from  the  bureau  of  labor 
statistics  and  from  other  sources,  and  report  on  the  fol- 
lowing: (a)  Wage  laws,  (b)  employment  bureaus,  (c) 
safety  devices,  (d)  old  age  pensions,  (e)  vocational  guidance. 

12.  Devote  at  least  one-half  page  in  your  note  book  to 


144  IOWA  AND  THE  NATION 

each  executive  officer,  board,  society,  commissioner  or 
inspector.  ]\lake  a  record  of  the  following  points  under 
each : 

1.  Present  incumbent 

2.  How  chosen 

3.  When  chosen 

4.  Term  of  office 

5.  Duties 

6.  Other  matters  of  interest. 


CHAPTER  V 

JUDICIAL  di<:partaient 

ARTICLE  V 
Courts 

Established.  Section  1  of  Article  V  of  the  constitution 
of  Iowa  says:  "The  judicial  power  shall  he  vested  in  a 
supreme  court,  a  district  court,  and  such  other  courts, 
inferior  to  the  supreme  court,  as  the  General  Assemhly  may, 
from  time  to  time,  establish." 

In  accordance  with  this  provision  the  following  lower 
courts  have  been  established  as  the  needs  for  them  have 
arisen:  The  justice  court,  found  in  every  township,  the 
police  court,  which  is  the  local  court  for  the  trial  of  minor 
ofifenses  in  cities  where  no  superior  court  has  been  estal)- 
lished,  and  the  superior  court,  which  is  a  city  court,  and  may 
be  established  in  any  city  of  4,000  or  more  inhabitants. 

The  Justice  Court.  The  justice  court  is  the  one  that 
comes  nearest  the  people,  and  is  also  at  the  bottom  of  the 
judicial  scale.  It  is  presided  over  by  a  justice  of  the  peace, 
two  justices  of  the  peace  being  elected  in  every  town- 
ship at  each  annual  election  (see  page  13).  They  must 
reside  in  the  township  in  which  they  are  elected,  but  unless 
specially  restricted  by  law,  they  exercise  jurisdiction 
throughout  the  county  in  which  they  reside. 

Each  justice  keeps  a  record  book,  or  docket,  as  it  is  called, 
in  which  he  records  all  official  acts  done  by  him.     The  prin- 

145 


146  IOWA  AND  THE  NATION 

cipal  duty  of  justices  of  the  peace  is  to  hold  court  for  the 
trial  of  certain  kinds  of  offenses,  and  for  the  settlement 
of  disputes  or  the  collection  of  small  sums  of  money  by 
process  of  law.  The  justice  of  the  peace  may  also  perform 
the  marriage  ceremony,  act  as  coroner  and  acknowledge 
papers  and  administer  oaths,  and  bind  over  disorderly  per- 
sons to  keep  the  peace.  He  may  try  all  civil  cases  in  which 
the  amount  of  the  controversy  does  not  exceed  $100,  and 
with  the  consent  of  both  parties  he  may  try  cases  in  which 
the  amount  involved  is  as  high  as  $300.  In  criminal  suits 
the  justice  may  try  cases  in  which  the  penalty  does  not 
exceed  $100.  He  may  also  conduct  hearings  in  cases  beyond 
his  jurisdiction  and  bind  the  accused  over  to  the  grand 
jury  by  fixing  such  bail  as  the  law  authorizes. 

When  a  prisoner  is  bound  over  to  appear  before  a  higher 
court  for  trial,  he  gives  a  bond  signed  by  responsible  parties, 
in  which  it  is  agreed  that  if  the  accused  does  not  appear 
for  trial  at  the  proper  time,  the  amount  of  money  named 
in  the  bond  will  be  paid  over  to  the  proper  officers  for  the 
benefit  of  the  school  fund  of  the  county.  Persons  who  can- 
not furnish  bonds  in  such  cases  are  sent  to  the  county  jail 
to  await  trial. 

Laivsuits.  Suits  at  law  are  of  two  kinds,  civil  and 
criminal.  A  civil  suit  is  one  for  the  enforcement  or  protec- 
tion of  right  or  the  prevention  of  wrong  doing.  A  criminal 
suit  is  brought  in  the  name  of  the  state  for  the  purpose  of 
punishing  an  offender  against  the  criminal  laws  of  the  state. 

Crimes  are  of  two  classes,  felonies  and  misdemeanors.  A 
felony  is  a  crime  that  may  be  punished  by  imprisonment  in 
the  penitentiary,  or  by  heavy  fine.  A  misdemeanor  is  a 
minor  crime,  and  is  punished  by  light  fine  or  imprisonment 
in  the  county  jail.  Alurder,  manslaughter,  burglary,  arson, 
grand  larceny,  and  several  other  crimes  are  felonies.  Petit 
larcenv,  assault  and  batterv,  drunkenness,  the  refusal  of  an 


JUDICIAL  DEPARTMENT  147 

officer  to  perform  his  official  duties,  and  otlier  lighter 
offenses  are  misdemeanors.  i 

The  person  wIto  begins  the  suit  is  called  the  ])laintiff,  and 
the  person  sued,  the  defendant. 

Notice  of  Suit.  Some  suits  in  justice  courts  may  be 
commenced  by  the  voluntary  appearance  in  court  of  both 
parties  to  the  suit.  In  many  cases,  a  written  notice  from 
the  justice  of  the  peace  to  the  defendant  is  necessary.  Such 
a  notice  must  contain  the  name  of  the  defendant,  or  a 
description  of  him,  if  his  name  is  unknown,  the  nature  of 
the  claim,  the  amount  claimed  by  the  [)laintiff,  and  the  time 
set  for  trial.  The  notice  is  then  given  to  the  sheriff  or  any 
constable  of  the  county  to  be  served  upon  the  defendant. 
The  notice  must  be  served  within  ten  days  of  the  time  it  is 
issued,  and  the  trial  must  be  held  within  fifteen  days  of  the 
date  of  the  notice.  The  defendant  in  any  civil  suit  may 
put  a  stop  to  the  proceedings  at  any  time  by  paying  the 
amount  of  the  claim  with  the  costs  that  have  accrued. 

Change  of  Vemie.  Before  the  trial  commences,  either 
party  may  have  it  changed  to  some  other  justice  court  by 
filing  an  affidavit,  or  written  statement  under  oath,  stating: 

1.  That  the  justice  is  prejudiced  against  him. 

2.  That  the  justice  is  a  near  relative  of  the  other  ]),'U"ty 
to  the  suit. 

3.  That  the  party  filing  the  affidavit  considers  the  justice 
a  material  witness  against  him. 

4.  That  he  believes  he  will  not  receive  justice  at  the 
hands  of  the  officer  before  whom  the  action  was  commenced. 

This  is  called  a  change  of  venue,  and  it  is  designed  to 
be  a  protection  to  personal  rights. 

Trial  by  Jury.  The  Hill  of  Rights  secures  to  all  the  right 
of  trial  by  jury.  In  the  higher  courts  the  jury  consists  of 
twelve  members,  but  in  justice  courts  it  consists  of  six  mem- 
bers.    In  civil  cases  a  trial  by  jury  may  be  waived  with  the 


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JUDICIAL  DEPARTMENT  149 

consent  of  both  parties,  but  any  person  accused  of  crime 
has  the  right  to  demand  a  jury  trial,  if  the  person  is  found 
not  guilty,  he  is  set  at  liberty  at  once.  If  he  is  convicted, 
the  justice  renders  the  judgment  of  tine,  or  imprisonment, 
or  both,  as  the  case  may  require.  Criminals  sometimes 
plead  guilty  to  the  crimes  of  which  they  are  accused  in  the 
hope  of  receiving  a  light  sentence. 

Postponement.  After  a  case  has  come  to  trial  it  may  be 
postponed  for  not  more  than  sixty  days  to  enable  either 
party  to  secure  additional  witnesses. 

The  Superior  Court.  A  superior  court  may  be 
organized  by  vote  of  the  people  of  any  city  having  4,000 
inhabitants.  When  established  it  takes  the  place  of  the 
mayor's  court  or  the  police  court.  Each  superior  court  has 
one  judge  chosen  by  the  qualified  voters  of  the  city  in  which 
the  court  is  established  for  a  term  of  four  years.  His  salary 
is  $3,000.  One-half  of  the  salary  is  paid  by  the  city  and 
one-half  by  the  county.  The  superior  court  has  exclusive 
jurisdiction  in  all  cases  arising  under  the  ordinances  of  the 
city  in  which  it  is  established,  and  concurrent  jurisdiction 
with  the  district  court  in  all  civil  matters,  except  actions  for 
divorce,  separate  maintenance  and  the  like,  and  probate 
matters.  It  also  has  concurrent  jurisdiction  with  justice 
courts.  Cases  from  the  justice  court  within  the  town  where 
the  superior  court  is  located  may  be  appealed  to  that  court, 
and  cases  from  any  town  in  the  county  may  be  so  appealed 
with  the  consent  of  both  parties. 

In  rank  the  superior  court  is  between  the  court  of  the 
justice  of  the  peace  and  the  district  court. 

District  Court.  The  district  court  now  has  general 
original  jurisdiction  in  all  suits  at  law,  both  civil  and 
criminal,  except  those  in  which  exclusive  or  concurrent  juris- 
diction is  given  to  some  other  court  specially  authorized  by 
the  constitution  and  laws  of  the  state.     It  is  also  a  court 


150  TOWA  AND  THE  NATION 

of  equity.  As  a  court  of  probate,  it  has  exclusive  original 
jurisdiction  in  the  proving  of  wills,  and  in  the  appointments 
of  administrators,  guardians,  and  trustees  to  settle  the  estates 
of  persons  deceased.  This  court  also  serves  as  a  court  of 
appeals  in  certain  proceedings  from  justice  and  police 
courts. 

In  addition  to  the  regular  judicial  business  of  this  court, 
it  has  the  general  supervision  of  all  inferior  courts,  and 
provides  for  the  correction  of  abuses,  in  case  no  special 
remedy  is  fixed  by  law.  It  also  has  exclusive  jurisdiction 
over  all  indictments  presented  by  the  grand  jury. 

District  Judges.  Iowa  is  separated .  into  21  judicial  dis- 
tricts, and  there  are  in  all  59  judges.  Each  district  has  from 
one  to  five  judges,  according  to  the  amount  of  business  to  be 
transacted.  The  salary  of  district  judges  is  $3,500  a  year. 
The  term  of  office  is  four  years,  beginning  on  the  first  of 
January  following  the  election.  Judges  are  chosen  at  the 
general  election  by  the  qualified  voters  of  the  district  in 
which  they  reside,  and  all  candidates  for  the  office  of  dis- 
trict or  supreme  judge  are  nominated  on  a  non-partisan  judi- 
cial ticket. 

Supreme  Court.  The  supreme  court  consists  of  seven 
judges  whose  term  of  office  is  six  years.  Two  judges  are 
elected  at  each  general  election,  except  that  beginning  with 
the  election  held  in  1914,  and  at  each  third  general  election 
thereafter,  an  additional  judge  is  chosen.  Both  the  nomina- 
tion and  election  of  supreme,  district  and  superior  court 
judges  in  Iowa  is  non-partisan.  At  the  primary  election  the 
same  names  of  candidates  for  nomination  appear  on  all  bal- 
lots, regardless  of  political  party.  Each  voter  may  cast  his 
vote  for  twice  as  many  candidates  to  be  nominated  as  there 
are  places  to  be  filled  at  the  general  election.  At  the  general 
election  in  November,  there  is  a  separate  place  on  each  ballot 
known  as  the  "non-partisan  ticket"  upon  which  are  placed 


JUDICIAL  DEPARTMENT  151 

the  names  of  the  judicial  candidates  nominated  at  the  pri- 
mary. Thus,  if  there  are  two  judges  to  be  elected,  and  four 
names  appear  on  the  ballot,  the  two  receivin;^-  the  highest 
vote  are  declared  elected. 

Organizatiu)i.  The  court  is  divided  into  two  >ections  of 
three  members  each,  the  chief  justice  presiding  in  open 
court  with  each  section.  Each  of  these  sections  may  hold 
court  and  decide  cases  separately.  It  is  evident  that  if  the 
three  members  in  a  section  and  the  chief  justice  agree  in 
any  particular  case,  it  is  not  necessary  to  submit  such  case 
to  the  whole  court,  since  either  section  with  the  chief  justice 
constitute  a  majority  of  the  court.  However,  if  differences 
arise  concerning  any  case  between  the  members  of  either 
section,  or,  if  the  chief  justice  so  orders,  such  case  shall 
be  submitted  to  the  whole  court. 

Three  sessions  are  held  each  year  beginning  in  January, 
May  and  September  in  the  supreme  court  room  of  the 
capitol.  During  the  time  court  is  not  in  session,  the  mem- 
bers are  engaged  in  examining  the  evidence  in  cases  that 
have  been  appealed  from  lower  courts. 

Powers  and  Duties.  The  supreme  court  has  original 
jurisdiction  in  two  kinds  of  cases  only — certiorari  and  man- 
damus. (Certiorari  is  a  writ  requiring  an  inferior  court  to 
send  in  to  the  supreme  court  proceedings  that  are  pending 
in  the  inferior  court  for  revision.  Mandamus  is  a  writ 
issued  by  the  highest  court  to  a  person,  corporation  or  an 
inferior  court  commanding  the  party  to  whom  it  is  issued 
to  do  the  thing  specified  in  the  writ).  Its  jurisdiction  is 
almost  entirely  appellate,  that  is,  most  of  its  work  consists 
in  deciding  cases  which  have  been  tried  in  the  lower  courts. 
These  cases  involve  both  questions  of  law  and  questions  of 
fact,  but  in  all  except  equity  cases,  the  supreme  court  decides 
only  upon  the  points  of  law  and  not  upon  the  facts,  or  the 
truth  of  testimony  presented  by  the  witnesses.     That  is,  it 


152  IOWA  AND  THE  NATION 

retries  equity  cases,  but  merely  reviews  the  procedure  and 
evidence  in  all  other  cases  to  determine  whether  they  have 
been  properly  tried  in  the  lower  courts. 

The  supreme  court  has  the  sole  power  of  determining 
whether  any  law  passed  by  the  General  Assembly  is  consti- 
tutional or  not.  If  any  provision  of  the  constitution  of  the 
state  is  violated  by  the  terms  of  a  law,  that  law  is  unconsti- 
tutional, and  when  so  declared  is  no  longer  considered  a 
law  of  the  state.  The  decisions  rendered  by  the  supreme 
court  form  the  basis  of  procedure  in  the  lower  courts,  and 
are  final  in  all  cases  except  such  as,  in  some  way,  involve 
the  constitution,  laws  or  authority  of  the  United  States. 
Such  cases  are,  of  course,  transferred  to  the  Federal  courts 
or  appealed  to  the  Supreme  Court  of  the  United  States. 
In  addition  to  the  above-mentioned  powers  the  supreme 
court  of  Iowa  has  general  supervision  of  all  the  lower  courts 
in  the  state. 

Officers.  The  officers  of  the  supreme  court  are  the  chief 
justice,  clerk  and  reporter.  Of  the  judges  whose  terms  of 
ofiice  first  expire,  the  senior  in  time  of  service  shall  ])e 
chief  justice  for  one  year,  and,  if  there  be  but  two  of  them, 
the  junior  shall  be  chief  justice  the  next  year.  If  two  or 
more  are  equal  in  time  of  service,  then  the  right  to  the 
position  and  the  order  in  which  they  serve  shall  be  deter- 
mined by  seniority  of  age.  That  is,  the  oldest  in  years  will 
first  serve  one  year,  then  the  next  oldest  and  so  on  in  rota- 
tion. The  clerk  and  the  reporter  of  the  supreme  court  are 
appointed  by  that  court  for  a  term  of  four  years.  The 
clerk  keeps  a  record  of  all  proceedings,  files  all  the  evidence 
submitted  in  the  cases  which  are  appealed  to  the  supreme 
court,  and  delivers  the  decisions  and  opinions  of  the  court 
to  the  reporter.  It  is  the  duty  of  the  reporter  to  publish 
these  decisions  in  large  volumes  which  are  copyrighted  in 


JUDICIAL  DEPARIMEXT  153 

ihc  name  cjI  the  >talc,  and  are  known  as  "Supreme  Court 
Reports." 

The  clerk  of  tlie  suj)renic  court  has  charge  of  all  deci- 
sions made  by  the  court.  His  duties  are  such  as  are  indi- 
cated by  his  title.  He  is  placed  under  bonds  to  the  amount 
of  not  less  than  $10,000,  and  for  his  services  he  receives 
$2,700  per  year.  He  is  allowed  to  appoint  a  deputy,  who 
is  paid  $1,500  per  year.  Hereafter,  the  clerk  and  reporter 
of  the  supreme  court  will  be  appointed  Ijy  the  supreme 
court.     Their  term  of  office  is  four  years. 

The  supreme  court  reporter  has  charge  of  publishing 
the  decisions  of  the  court  in  reports  of  from  750  to  800 
pages  each.  These  reports  are  copyrighted  in  the  name  of 
the  state,  and  the  reporter  is  forbidden  to  have  any 
pecuniary  interest  in  them.  The  compensation  for  each 
volume  of  reports  published  is  $600. 

Jurors,  All  qualified  electors  of  tlie  state,  of  good 
moral  character,  sound  judgment,  and  in  full  possession 
of  the  senses  of  hearing  and  seeing,  and  who  can  speak, 
read  and  write  the  English  language,  are  competent  jurors 
in  their  respective  counties.  There  are  certain  exceptions, 
however.  All  persons  holding  office  under  the  laws  of  the 
United  States,  or  of  this  state ;  all  practicing  attcjrneys, 
physicians  and  clergymen ;  all  practicing  i)rofessors  or 
teachers  in  any  institution  of  learning;  registered  i)harma- 
cists,  and  all  persons  disabled  by  bodily  infirmity,  or  over 
65  years  of  age.  are  exempt  from  liability  to  act  as  jurors. 
Any  person  summoned  as  a  juror  may  be  excused  from 
serving  for  good  cause  shown. 

Grand  Jury.  The  grand  jury  of  an)-  county  serves 
as  an  investigator  of  crimes  committed  in  that  county.  It 
has  no  power  to  try  criminals  and  fix  the  punishment  for 
crimes  committed.  Real  or  alleged  violations  of  the  crimi- 
nal laws  of  the  state  are  reported  to  the  grand  jury,  and  if 


154  IOWA  AND  THE  NATION 

the  evidence  against  any  person  is  such  as  to  indicate  that 
he  has  committed  a  crime,  the  grand  jury  prefers  an  indict- 
ment against  him.  He  is  then  arrested,  if  possible,  and 
held  for  trial  before  the  petit  jury. 

An  indictment  is  a  written  accusation  presented  to  the 
court  in  which  the  grand  jury  is  impaneled,  charging  the 
person  named  therein  with  the  violation  of  the  criminal 
law,  or  with  the  commission  of  some  act  which  is  punish- 
able on  indictment.  Such  an  accusation  can  be  made  only 
upon  the  sworn  statement  of  witnesses  examined  by  the 
grand  jury,  or  by  evidence  furnished  by  certain  legal  docu- 
ments, as  provided  by  law. 

By  an  act  of  the  Twenty-sixth  General  Assembly  the 
grand  jury  consists  of  seven  members.  A  list  of  the 
names  of  7^  persons  qualified  to  serve  as  jurors  is  made  in 
each  county  biennially,  and  from  this  number  twelve  names 
are  chosen.  From  these  twelve  names,  the  seven  persons 
who  are  to  serve  as  grand  jurors  for  each  term  are  selected. 
The  county  auditor  and  clerk  of  the  district  court  have 
charge  of  preparing  the  lists  of  grand  and  petit  jurors. 

Petit  Jury.  In  counties  having  a  population  of  15,000, 
or  less,  the  number  of  petit  jurors  drawn  is  15,  unless  the 
judge  otherwise  directs.  In  counties  having  a  greater 
population,  the  number  of  petit  jurors  is  24.  Twelve  of 
these  are  selected  as  a  trial  jury,  unless  objections  are 
raised  against  them  by  one  or  both  parties  to  the  suit.  A 
trial  jury  always  consists  of  12  members  in  the  district 
court,  and  provision  is  made  for  increasing  the  number  of 
persons  from  whom  the  jurors  may  be  selected,  if 
necessary. 

Selection-  of  Jurors.  The  method  of  selecting  grand 
and  petit  jurors  is  practically  the  same.  The  county  auditor 
is  required  to  furnish  the  judges  of  election  in  each 
precinct,  at  the  time  of  furnishing  the  poll  books  in  each 


JUDICIAL  DEPARTMi:XT  155 

cvcn-nuinbcrcd  year,  a  statement  of  tlie  nuniljer  of  persons 
appointed  to  their  respective  precincts  to  be  selected  by 
them  for  jury  service  for  the  ensuing  two  years. 

The  board  of  supervisors  of  each  ccjunty  is  entrusted 
with  the  selecting  of  jurors,  it  is  authorized  to  strike  from 
the  list  of  jurors  returned  the  names  of  any  who  are 
by  law  exempt.  A  complete  list  of  the  names  of  all  per- 
sons subject  to  jury  service  is  made  by  these  officers,  and 
the  names  and  addresses  of  all  persons  on  the  list  are  writ- 
ten on  separate  ballots.  These  ballots  are  all  put  into  a 
box,  sealed,  and  delivered  to  the  county  auditor,  except 
that  in  arranging  the  list  of  jurors  from  the  city  or  town 
in  which  the  court  is  held,  the  list  of  talesmen  is  put  into 
a  different  box  from  the  one  containing  the  regular  list. 

Talesmen.  This  second  box  is  called  the  talesman  box, 
and  in  case  it  becomes  necessary  to  go  outside  the  regular 
list  of  jurors  chosen  for  any  term  of  court,  selections  are 
made  from  this  box.  The  drawing  of  jurors  is  intended  to 
be  entirely  impartial,  and  as  names  are  drawn  from 
either  of  the  boxes  referred  to,  they  are  put  away  for  safe 
keeping,  and  not  returned  to  the  original  boxes  until  all 
the  other  names  have  been  drawn  out.  Tliis  prevents  a 
person  from  being  chosen  for  jury  service  too  frec^uently. 
The  sheriff  summons  the  persons  whose  names  have  been 
drawn,  and  they  must  appear  for  duty  at  the  next  term  of 
court  unless  excused  by  the  judge. 

At  the  close  of  each  term  of  court  the  clerk  issues  a 
certificate  to  each  juror  showing  the  amount  to  which  he 
is  entitled  for  his  services,  and  the  auditor,  upon  the 
receipt  of  this  certificate,  is  authorized  to  issue  a  warrant 
upon  the  county  treasurer,  without  waiting  for  the  board 
of  supervisors  to  audit  the  claim.  The  compensation  of 
grand  and  petit  jurors  is  two  dollars  and  a  half  a  day,  for 
the  time  actually  employed,  and  ten  cents  a   mile   for  the 


156  IOWA  AND  THE  NATION 

necessary  distance  traveled  in  going  to  the  place  of  meet- 
ing. Witnesses  are  paid  one  dollar  and  twenty-five  cents 
a  day,  and  the  same  mileage  as  jurors,  for  attendance  upon 
sessions  of  the  district  court. 

Reports.  The  testimony  given  by  witnesses  in  district 
courts  is  usually  taken  in  shorthand  by  reporters  appointed 
for  that  purpose.  Each  reporter  is  allowed  compensation 
not  to  exceed  six  dollars  a  day  for  the  time  actually  spent 
in  attendance  upon  court.  He  is  also  allowed  six  cents  for 
every  one  hundred  words  used  in  making  transcripts  of 
the  testimony  taken  in  court. 

QUESTIONS  AND   SUGGESTIONS 

1.  Distinguish  between  supreme,  district,  superior  and 
justice  of  the  peace  courts.     Give  the  composition  of  each. 

2.  In  which  of  these  courts  do  we  have  a  trial  by  jury? 

3.  Explain  fully  the  difference  between  the  petit  and 
grand  juries.     Which  is  the  trial  jury? 

4.  How  are  petit  jurors  selected?     Grand  jurors? 

5.  May  we  have  women  serve  on  juries?  Who  are 
exempt  from  jury  service? 

6.  What  is  an  indictment?  Secure  a  copy  of  one  from 
the  county  attorney. 

7.  Who  is  the  chief  justice  of  the  Iowa  Supreme  Court? 
\\'ho  are  your  district  judges?  Why  are  judges  now 
elected  on  a  non-partisan  ballot? 

8.  Visit  a  session  of  the  district  court  at  the  county 
seat.     WHiat  officers  may  you  expect  to  find  there? 

9.  The  following  steps  are  required  in  a  criminal  case 
in  the  district  court:  (a)  Complaint,  (b)  warrant,  (c) 
return,  (d)  subpoena,  (e)  examination  of  witnesses,  (f) 
bond  to  appear  for  trial,  (g)  sending  proceedings  to  county 
attorney,    (h)    indictment,    (i)    verdict    of   grand    jury    on 


JUDICIAL  UEPART.MEXT  ]  5/ 

indiclniciil,  (j  )  challenging  jurors,  (k)  arraignuK'nl.  (1) 
plea,  (ni)  testimony,  (n)  argunienls,  (o)  charge  to  jury, 
(p)  verdict,  (q)  sentence.  The  first  four  steps  are  taken 
in  the  lower  court.  Secure  legal  forms  for  as  many  of  the 
above  steps  as  require  them.  Study  these  in  class,  and  if 
practicable  organize  the  class  for  a  "mock  trial." 

10.  Why  should  there  be  so  many  steps  in  convicting  a 
criminal?  Is  it  better  to  "let  ten  guilty  persons  go  free 
than  to  punish  one  innocent  person"?  Do  you  think  that  a 
speedy  and  certain  conviction  discourages  evil  doers,  or  do 
you  think  they  do  not  give  this  a  thought  when  they  com- 
mit crime? 


CHAPTER  VI 

STATE  INSTITUTIONS* 

Soldiers'  Home.  The  Twenty-first  General  Assembly 
provided  for  the  establishment  of  a  soldiers'  home,  and  a 
committee,  appointed  by  the  governor,  located  it  at  Mar- 
shalltown,  Marshall  county.  The  object  of  this  institution 
is  to  provide  a  home  and  subsistence  for  all  honorably 
discharged  soldiers,  sailors  and  marines  who  have  served 
in  the  army  or  navy  of  the  United  States,  and  who  are 
disabled  by  disease,  wounds  or  in  any  other  way.  Appli- 
cants must  have  served  in  an  Iowa  regiment,  or  been  resi- 
dents of  the  state  of  Iowa  for  three  years  previous  to  the 
time  of  making  application  for  admission. 

Soldiers'  Orphans'  Home.  To  Mrs.  Annie  Witten- 
meyer  belongs  the  credit  of  securing  a  home  for  the 
soldiers'  orphans  of  Iowa.  In  October,  1863,  a  conven- 
tion was  called  to  meet  at  Muscatine  for  the  purpose  of 
devising  some  means  for  the  support  and  education  of 
these  children.  An  association  was  formed  and  plans  were 
perfected  for  soliciting  contributions.  A  building  at 
Lawrence,  Van  Buren  county,  was  leased,  and  opened  in 
July,  1864.  The  home  was  sustained  by  contributions  until 
1866.    when    the    state   assumed    control    of    it.     Destitute 


*Since  the  educational  system  of  the  state  is  a  unit,  it  was  thought 
best  to  place  all  educational  matter  in  the  chapter  on  the  school 
system  (Chapter  VII,  Part  I).  Therefore  the  state  educational 
institutions  are  discussed  in  that  chapter. 

158 


STATE  INSTITUTIONS  .  159 

children,  not  soldiers'  orphans,  may  be  atiniilled  to  this 
school  in  a  manner  prescribed  by  law. 

Hospitals  for  the  Insane.  The  first  hospital  for  the 
insane,  in  Iowa,  was  authorized  by  the  General  Asseml)ly  in 
1855,  but  it  was  not  ready  for  use  until  six  years  later.  It 
is  located  at  Mt.  Pleasant,  I  lenry  county.  The  second, 
was  located  at  Independence,  Ikichanan  county,  in  1868, 
the  third,  at  Clarinda,  Page  county,  in  1884,  and  the  fourth 
at  Cherokee,  Cherokee  county,  was  opened  for  occui)ancy 
in  the  summer  of  1902. 

The  board  and  other  expenses  of  the  insane,  are  ])ai(I 
from  the  receipts  of  a  tax  levied  for  this  purpose,  b)-  the 
supervisors  of  the  respective  counties. 

In  each  county,  there  is  a  board  of  commissioners  of 
insanity  consisting  of  the  clerk  of  the  district  court,  and 
two  others,  who  are  appointed  by  the  judge  of  the  district 
court,  one  of  whom  must  be  a  practicing  lawyer,  and  the 
other  a  practicing  physician.  All  applications  for  the 
admission  of  insane  persons  to  the  hospitals  must  be  made 
to  these  commissioners.  After  the  person  sui)posed  to  be 
insane  is  examined  in  the  manner  prescribed  by  law,  the 
commissioners  decide  whether  or  not  he  shall  be  sent  to  the 
hospital. 

State  Hospital  for  Inebriates.  In  1904.  the  legislature 
passed  a  law  which  declares,  "The  industrial  home  for  the 
adult  blind  at  Knoxville  shall  hereafter  be  called  the  State 
Hospital  for  Inebriates,  and  shall  be  used  for  the  deten- 
tion, care,  and  treatment  of  all  male  dipsomaniacs, 
inebriates,  and  persons  addicted  to  the  excessive  use  of 
morphine,  cocaine  or  other  narcotic  drugs."  The  manage- 
ment is  in  the  hands  of  the  state  board  of  control. 

Tuberculosis  Sanitarium.  The  state  makes  every  pos- 
sible efl:"ort  to  safeguard  public  health.  One  of  its  latest 
achievements    for   this   purpose  is   the   establishment   of   a 


160  IOWA  AND  THE  NATION 

tuberculosis  sanitarium  at  Oakdale,  near  Iowa  City.  Here 
consumptives  or  tuberculosis  patients  live  in  a  colony  and 
are  (jiven  the  outdoor  treatment  under  the  direction  of 
skilful  specialists. 

Iowa  Industrial  Schools.  The  first  school  of  this  kind 
in  Iowa  was  established  in  Lee  county,  in  March,  1868, 
and  in  October  of  the  same  year,  the  first  inmate  was 
received.  In  1873,  the  school  was  removed  to  Eldora, 
Hardin  county,  and  some  time  after,  1880,  a  law  was 
passed  removing  the  girls  to  a  separate  school  at  Mitchell- 
ville,  Polk  county. 

These  schools  are  intended  for  the  reformation  of  such 
boys  and  girls  under  eighteen  years  of  age  as  may  be  com- 
mitted to  them.  Any  person  under  eighteen  years  of  age, 
who  is  found  to  be  guilty  of  any  crime  except  murder, 
may  be  sent  to  these  schools  upon  the  order  of  the  judge 
of  the  court  in  which  he  was  convicted. 

Instruction  is  given  in  ethics,  and  in  such  of  the  com- 
mon school  branches  as  the  board  of  control  prescribes. 
Each  pupil  is  required  to  perform  a  certain  amount  of 
labor,  which  is  varied  according  to  his  age,  strength  and 
special  ability.  With  the  consent  of  the  parents  or 
guardians,  pupils  may  be  bound  out  to  service  until  the  time 
of  their  majority. 

Penitentiary.  The  first  steps  towards  establishing  a 
penitentiary  were  taken  by  the  territorial  legislature  in 
1839.  This  institution  is  located  at  Fort  Madison,  and 
within  it  are  confined  those  criminals  whose  offenses  are 
punishable  by  imprisonment  in  a  state  penitentiary. 

Reformatory.  A  second  penitentiary,  which  is  con- 
ducted on  the  plan  of  a  reformatory,  is  located  at  Anamosa. 
This  institution  was  opened  in  1873.  It  has  a  ward  for 
insane  convicts,  and  another  for  women  convicts.  It  is 
also  used  by   the   United   States   government   for    Federal 


STATE   INSTITUTIONS  161 

prisoners.  The  discipline  of  the  reformatory  is  strict, 
but  kind.  The  convicts  are  taught  trades,  and  no  effort 
is  spared  to  lead  them  to  become  self-respecting  and  useful 
citizens  when  the  term  for  which  they  were  sentenced  has 
expired. 

The  Thirty-sixth  General  Assembly  (I'^LV)  made  pro- 
vision for  the  employment  of  convicts  in  each  penitentiary 
outside  of  the  prison  walls,  in  the  belief  that  this  method 
will  be  more  conducive  to  their  reformation. 

Govermncnt.  Each  institution  is  under  the  control  of  a 
warden,  who  is  subject  to  the  governor  of  the  state.  The 
wardens  are  elected  by  joint  ballot  of  the  General  Assembly, 
and  hold  their  offices  two  years.  They  are  responsible  for 
the  government  and  discipline  of  the  inmates  of  the  prisons, 
and  the  receipts  and  disbursements  of  all  moneys  belonging 
to  the  institutions.  The  warden  of  each  penitentiary  is 
obliged  to  give  bonds  to  the  amount  of  $50,000,  for  the 
faithful  performance  of  his  duties.  He  is  obliged  to  report. 
once  a  month,  a  complete  statement  of  all  official  acts  per- 
formed by  him,  since  his  last  report,  with  a  full  account 
of  the  receipts  and  expenditures  of  the  prison  under  his 
control.  The  other  officers  are  the  deputy  warden,  the 
chaplain,  the  physician  and  the  guards. 

Good  Time  Law.  Every  prisoner  sentenced  to  either  of 
the  penitentiaries  for  a  term  of  years,  or  less,  who  does  not 
violate  the  rules  of  discipline,  is  entitled  to  a  reduction  of 
his  term  of  service.  The  new  good  time  law  went  into 
eft'ect  July  4,  1890,  by  the  terms  of  which  prisoners  are 
entitled  to  a  reduction  of  one  month  for  good  behavior 
during  the  first  year  of  sentence,  two  months  for  the  sec- 
ond year,  three  for  the  third,  four  for  the  fourth,  five  for 
the  fifth,  and  six  months  for  each  subsequent  year  of 
sentence.  A  proportional  reduction  is  made  for  fractional 
parts  of  a  year's  sentence,  and  any  prisoner  who  does  not 


162  TOWA  AND  THE  NATION 

violate  the  discipline  of  the  prison  during  his  term  of 
service  is  entitled  to  a  restoration  of  his  rights  of  citizen- 
ship. This  restoration  is  granted  by  the  governor,  upon 
the  certificate  of  the  warden,  that  the  person  released  did 
not  violate  any  of  the  rules  of  the  prison  durmg  his  term 
of  service. 

Indeterminate  Sentences.  A  great  advance  has  been 
made  in  recent  years  in  dealing  with  criminals.  Reforma- 
tion is  considered  of  more  importance  than  mere  punish- 
ment for  crime.  Iowa  judges  are  now  permitted  to  impose 
indeterminate  sentences  upon  persons  convicted  of  infamous 
crimes,  the  term  of  service  depending  upon  the  l)ehavior 
of  the  convict. 

QUESTIONS  AND  SUGGESTIONS 

1.  What  higher  educational  institutions  are  supported 
by  the  State  of  Iowa?  What  is  the  specific  object  of  each? 
Where  is  each  located?  Find  out  the  name  of  the  presi- 
dent of  each. 

2.  Why  does  the  state,  rather  than  each  local  com- 
munity, provide  schools  for  defective  children?  How  many 
such  institutions  are  there  in  Iowa?  Which  are  for  phy- 
sically defective  children?  ^Mentally  defective  children? 
Morally  defective?  Should  the  object  of  the  industrial 
schools  be  to  punish  or  to  reform  ? 

3.  Where  is  the  Soldiers'  Orphans'  Home  located?  Tell 
something  of  its  history.  Do  you  think  the  charity  of  the 
state  should  be  limited  to  the  orphans  of  soldiers,  or  do 
you  think  the  state  ought  to  make  a  similar  provision  for 
all  orphans? 

4.  What  qualifications  are  necessary  to  become  an 
inmate  of  the  vSoldiers'  Home?  Where  is  it  located?  Is 
establishing   a   home   for   old    soldiers    to   tlie   exclusion   of 


STATE  INSTITUTIONS  163 

other  old  people  class  legislation?  See  Section  6,  Article 
1  of  the  constitution,  and  explain  whether  this  law  is 
unconstitutional. 

5.  Where  are  the  hospitals  for  the  insane  located? 
Who  decides  whether  a  person  should  Ijc  ^cnt  to  one  of 
these  hospitals? 

6.  Where  are  the  penitentiaries  located  ?  Does  fear 
of  being  sent  to  one  of  these  institutions  prevent  most 
people  from  wrong  doing?  What  is  the  purpose  of  the 
indeterminate  sentence?  Should  the  state  retain  an  iiUer- 
est  in  the  prisoner  after  he  is  discharged?  Why  should 
prisoners  be  kept  at  regular  work?  What  are  tlie  advan- 
tages of  having  large  gangs  of  prisoners  make  permanent 
state  roads?  W^hy  are  modern  prisons  well  ventilated,  well 
lighted  and  strictly  sanitary?  Do  prisoners  respond  to  con- 
fidence and  humane  treatment? 

7.  Where  is  the  Tuberculosis  Sanitarium  located? 
What  is  the  modern  theory  in  the  treatment  of  tubercular 
patients?  In  what  ways  may  every  citizen  cooperate  with 
the  state  in  safeguarding  public  health? 


CHAPTER  VII 

MISCELLANEOUS    MATTERS 
Militia 

Iowa  National  Guards.  All  able-bodied  male  citizens 
of  the  state,  between  the  ages  of  18  and  45  years,  except 
such  as  have  served  in  the  United  States  service  and  been 
honorably  discharged,  compose  the  militia.  The  General 
Assembly  has  at  different  times  passed  such  laws  for 
arming,  equipping  and  training  the  militia,  as  have  been 
necessary  to  comply  with  the  regulations  adopted  by  Con- 
gress. At  present,  an  annual  appropriation  of  $50,200  is 
made  to  cover  these  expenses.  All  commissioned  officers 
are  elected  by  those  subject  to  military  duty,  and  com- 
missioned by  the  governor. 

Organization.  The  governor  is  commander-in-chief 
of  the  militia,  and  may  call  it  out  at  any  time  when  the 
public  safety  requires.  His  powers  are  limited  to  this  state 
only,  and  he  cannot  send  a  member  out  of  the  state  against 
his  will.  Practically,  the  militia  is  unorganized,  only  a 
small  portion  being  trained  and  equipped  for  duty.  There 
are  but  two  brigades  of  volunteers,  numbering  in  all  about 
2,300  men,  known  as  the  'Towa  National  Guards." 

The  Thirty-sixth  General  Assembly  (1915)  made  provi- 
sion for  the  reorganization  of  the  Iowa  National  Guards 
to  conform  with  the  wishes  of  the  Department  of  War  of 
the  United  States  government,  that  each  state  provide 
a  well-balanced  fighting  unit. 

164 


Agricultural  Hall 


Central    Building 
IOWA  STATE  COLLEGE 


Library 


Northeast  Quadrangle 
IOWA  STATE  TEACHERS  COLLEGE 


MISCELLANEOUS  MATTERS  165 

State   Dkrts 

Prohibition.  Article  VI J  provides  thai  the  credit  of 
the  state  cannot,  in  any  manner,  he  yivcn,  or  loaned,  to  any 
individual,  association  or  corporation,  and  the  debts  of 
individuals,  associations  or  corporations,  cannot  be  assumed 
by  the  state,  unless  they  were  incurred  for  the  benefit  of 
the  state  in  time  of  war. 

Limit  of  Debt.  The  state  may  contract  debts  not  to 
exceed  $250,000  to  supply  deficits  in  revenue,  or  to  meet 
expenses  not  otherwise  provided  for.  Money  Ijorrowcd  on 
the  credit  of  the  state  must  be  used  for  no  other  i)ur])osc 
than  that  for  which  it  was  oljtained. 

Losses.  All  losses  to  the  permanent  school  or  unixcrsity 
fund  which  have  been  caused  by  defalcation  or  mismanage- 
ment, are  audited  by  the  proper  authorities  and  form  a 
permanent  funded  debt  against  the  state  for  the  bene^t 
of  the  fund  that  has  sustained  the  loss.  Indebtedness 
created  in  this  way  does  not  form  a  part  of  that  to  which 
reference  is  made  in  the  preceding  paragraph. 

Special  Debts.  Certain  other  debts  may  be  author- 
ized by  special  act  of  the  General  Assembly,  but  no  law  of 
this  kind  can  take  effect  until  it  has  been  ratified  by  a 
majority  vote  of  the  people  at  a  general  election.  After  such 
a  law  has  been  approved  by  the  people,  the  General  Assem- 
bly may  repeal  it,  provided  no  debt  has  been  created  in 
the  meantime,  for  the  purpose  of  which  the  law  was  passed. 
Every  law  that  imposes,  continues  or  revives  a  tax  must 
state  the  object  to  which  the  tax  is  to  be  applied.  Pro- 
visions for  the  regulation  of  state  indebtedness  are  made 
in  Article  \^II  of  the  constitution. 

Corporations 

Restrictions.  A  corporation  is  an  association  of  j^cr- 
sons  for  the  transaction  of  business  under  one  firm  name. 


166  IOWA  AND  THE  NATION 

or  as  a  single  person.  Such  associations  are  usually  gov- 
erned by  a  charter,  the  i^rovisions  of  which  define  their 
powers  and  limit  their  responsibilities.  This  section  pro- 
vides that  no  corporation  can  be  formed  by  special  law, 
but  the  General  Assembly  may  by  general  enactment, 
provide  for  the  organization  of  various  corporations. 
The  state  cannot  become  a  stockholder  of  any  organiza- 
tion of  this  character,  and  no  liabilities  can  be  assumed  by 
the  state,  unless  they  were  contracted  in  time  of  war. 
The  property  of  all  corporations  for  pecuniary  use  is  sub- 
ject to  taxation  the  same  as  that  of  private  citizens. 

Banking.  It  is  expressly  provided  that  no  political 
or  municipal  corporation  can  in  any  way  become  a  stock- 
holder in  any  banking  corporation,  and  no  association  of 
persons  with  banking  powers  can  be  formed  until  the  law 
authorizing  its  establishment  has  been  ratified  by  a  major- 
ity vote  of  the  people  at  an  election  held  at  least  three 
months  after  its  enactment.  The  remainder  of  the  section 
is  devoted  to  the  discussion  of  certain  provisions  relating 
to  banks  and  banking  corporations.  Read  Article  VIII  of 
the  constitution. 

Amendments 

Manner  of  Amending.  It  is  evident  that  no  constitu- 
tion can  be  prepared  to  meet  the  wants  of  all  future  times 
and  generations.  The  best  governments  are  imperfect,  and 
require  alterations  from  time  to  time.  All  constitutions 
provide  for  their  own  amendment,  but  the  process  differs 
in  dififerent  states.  The  process  of  amending  the  consti- 
tution of  Iowa  is  quite  lengthy,  but  it  insures  the  people 
against  hasty  action.  An  amendment  may  be  proposed  in 
either  house  of  the  General  Assembly,  and,  if  a  majority 
of  all  the  members  of  each  house  favor  it,  it  is  entered 
upon  both  journals  witli  the  yeas  and  nays,  anfl  referred 


MISCELLANEOUS  MATTERS  167 

lo  llic  next  General  Assembly  at  its  regular  session.  The 
amendment,  as  adopted  by  the  first  General  Assembly  to 
whicli  it  was  submitted,  is  i)uljli>hL'(l  in  the  ])apers  desig- 
nated Ijy  law,  for  three  months  previous  to  the  election 
of  memljers  of  the  next  General  Assembly.  If  ratilied  by 
a  majority  of  the  second  General  Assembly,  the  proposi- 
tion is  then  referred  to  the  electors  of  the  state,  and  if  a 
majority  of  the  votes  cast  are  in  favor  of  it,  it  becomes  a 
part  of  the  constitution.     See  Article  X. 

Amendments  Adopted.  The  first  amendment  extended 
the  right  of  suffrage  by  striking  the  word  "white"  from 
articles  II,  III  and  VI  of  the  constitution.  The  second, 
or  prohibitory  amenchnent,  was  ratified  by  the  people  at  a 
special  election  on  the  27th  of  June,  1882,  but  it  was 
declared  unconstitutional  I)y  the  supreme  court.  In  Novem- 
ber, 1884,  four  amendments  were  ratified  by  the  people. 
The  first  changed  the  time  of  holding  all  general  elections 
to  the  Tuesday  next  after  the  first  Monday  in  November. 
The  second  gave  the  General  Assembly  power  to  change  the 
organization  of  the  state  for  district  court  purposes.  The 
third  provided  for  abolishing  the  grand  jury,  or  changing 
the  numl)er  of  members  of  that  body  to  not  less  than  five, 
nor  more  than  fifteen,  according  to  the  decision  of  the  Gen- 
eral Assembly.  The  fourth  amended  section  thirteen  of 
Article  V  of  the  constitution,  so  as  to  abolish  Jie  oflice 
of  district  attorney  and  provide  for  the  election  of  a  county 
attorney  in  each  county. 

Other  Constitutional  Provisions 

Article  XI  contains  a  number  of  unrelated  provisions,  all 
of  which  have  for  their  purpose  the  safeguarding  of  the 
general  welfare  of  the  people.  The  most  important  of  them 
are  the   following : 


168  IOWA  AND  THE  NATION 

Justices  of  the  Peace.  Section  one  provides  that  the 
jurisdiction  of  justices  of  the  peace  shall  extend  to  all 
civil  cases  (except  chancery  cases  and  real  estate  titles), 
where  the  amount  does  not  exceed  $100.  By  the  consent 
of  both  parties,  the  jurisdiction  may  be  extended  to  any 
amount  not  exceeding  $300. 

New  Counties.  The  second  section  declares  that  no  new 
county  containing  less  than  432  square  miles,  can  be 
created.  The  territory  of  any  organized  county  cannot  be 
reduced  below  that  size.  Provision  is  made  for  the  organi- 
zation of  Worth  and  other  counties  lying  to  the  west  of  it 
along  the  northern  boundary  of  the  state,  without  addi- 
tional territory. 

Limit  of  Indebtedness.  Section  three  provides  that  no 
county,  or  other  political  or  municipal  corporation,  can 
become  indebted  in  any  manner,  or  for  any  purpose,  to 
exceed  the  amount  of  five  per  cent  of  the  value  of  its 
taxable  property.  The  value  of  the  property  of  the  county 
or  other  corporation  is  determined  by  the  last  state  and 
county  tax-lists  previous  to  the  time  the  debt  was  incurred. 

Area.  Section  four  provides  that  the  boundaries  of  the 
state  may  be  enlarged,  with  the  consent  of  Congress  and 
the  General  Assembly. 

Oath  of  Office.  Section  fiz'e  is  as  follows :  "  Every 
person,  elected  or  appointed  to  any  office,  shall,  before 
entering  upon  the  discharge  of  the  duties  thereof,  take  an 
oath  or  affirmation  to  support  the  Constitution  of  the 
United  States,  and  of  this  state,  and  also  an  oath  of  office." 
The  form  of  the  oath  is  given  elsewhere.  The  sixth  sec- 
tion provides  that  persons  elected  to  fill  vacancies  in  office 
shall  serve  for  the  remainder  of  the  unexpired  term  only, 
and  all  persons  appointed  to  fill  vacancies  in  office  shall 
hold  until  the  next  general  election,  and  until  their  suc- 
cessors are  elected  and  qualified. 


MISCELLANEOUS  MATTERS  169 

Capital,  etc.  The  seventh  section  prohibits  the  (jen- 
eral  Assembly  from  locating  any  of  the  public  lands  which 
have  been,  or  may  be  granted  by  Congress  to  this  state, 
upon  lands  actually  settled,  without  the  consent  of  the 
occupant.  The  last  section  establishes  the  seat  of  gox- 
ernment  permanently  at  Des  oNloines,  in  the  county  of 
Polk,  and  the  state  university  at  Iowa  City,  in  Johnson 
county. 

Organizing  the  Government 

Article  XII  contains  the  provisions  necessary  for  organ- 
izing the  government  under  this  constitution.  While  all 
these  provisions  were  made  effective  years  ago,  it  is  of 
interest  to  know  how  our  state  government  was  put  in 
operation.  The  following  provisions  in  this  article  will  be 
found  worthy   of  consideration : 

Supreme  Law.  The  constitution  is  declared  to  be  the 
supreme  law  of  the  state,  and  any  law  inconsistent  with 
it  shall  be  void.  The  General  Assembly  was  authorized  to 
pass  all  laws  necessary  to  carry  the  constitution  into  eft'ect. 
All  laws  that  were  in  force  at  the  time  the  constitution  was 
adopted,  and  not  inconsistent  with  it,  were  to  remain  in 
force  until  they  expired  or  were  repealed. 

All  proceedings  of  any  character  pending  in  the  courts 
at  the  time  the  constitution  was  adopted,  were  to  be 
prosecuted  to  final  judgment  and  execution,  and  all  offenses, 
misdemeanors,  and  crimes  that  were  committed  before 
the  adoption  of  the  constitution  were  to  be  subject  to 
indictment,  trial  and  punishment  in  the  same  manner  as 
they  would  have  been,  if  the  constitution  had  not  been 
adopted. 

Fines  and  Forfeitures.  All  fines,  penalties  or  for- 
feitures due,  or  to  become  due,  to  the  state,  or  to  any 
county,  or  to  the  school  fund,  were  reserved  to  the  fund  for 


170  IOWA  AND  THE  NATION 

which  they  were  intended,  in  the  manner  prescribed  by  law. 
All  bonds  executed  to  the  state,  or  to  any  officer  in  his  offi- 
cial capacity,  were  to  inure  to  the  use  of  those  to  whom 
they  were  given. 

General  Provisions.  Sections  six  to  eleven  inclusive, 
contain  provisions  for  the  election  of  officers  under  the  new 
constitution,  and  for  the  continuance  in  office  of  those 
chosen  prior  to  its  adoption.  Section  tzveh'e  authorized 
the  General  Assembly  to  divide  the  state  into  eleven  judicial 
districts,  for  district  court  purposes,  and  also  to  provide 
for  the  apportionment  of  members  of  the  General  Assembly 
in  accordance  with  the  provisions  of  the  new  constitution. 

Adoption  of  Constitution.  Section  thirteen  prescribes 
the  plan  to  be  pursued  by  the  people  in  voting  for  or 
against  the  adoption  of  the  new  constitution.  The  last 
clause  of  the  section  is,  "And  if  it  shall  appear  that  a 
majority  of  all  the  votes  cast  at  such  election  for  and 
against  this  constitution  are  in  favor  of  the  same,  the 
governor  shall  immediately  issue  his  proclamation  stating 
that  fact,  and  such  constitution  shall  be  the  constitution  of 
the  state  of  Iowa,  and  shall  take  efifect  from  and  after  the 
publication  of  said  proclamation." 

The  fourteenth  section  provides  for  submitting  to  the 
people  at  the  same  election  that  the  constitution  is  sub- 
mitted, a  proposition  to  amend  the  same  by  striking  out 
the  word  ''white"  from  the  article  on  the  right  of  suffrage. 

The  election  was  held  August  3,  1857,  and  a  majority 
of  the  votes  cast  was  found  to  be  in  favor  of  the  adoption 
of  the  constitution.  The  proposed  amendment  was  defeated 
at  this  time,  but,  as  stated  in  another  place,  it  was  adopted 
in  1868.  The  last  section  made  the  county  of.  Mills  a  part 
of  the  sixth  judicial  district,  until  otherwise  directed  by 
law. 


MISCELLANEOUS  MATTERS  171 

DISTRICT  GOVERNMENT 

Congressional  Districts.  For  convenience,  the  state 
is  separated  into  districts  for  various  purposes.  Represen- 
tatives in  the  lower  house  of  Congress  are  apportioned 
among  the  several  states  according  to  their  population,  and 
Iowa  now  has  eleven  members  in  that  house.  The  state 
is  separated  into  eleven  congressional  districts,  and  the 
ratio  of  representation  is  one  representative  for  212,407 
persons  in  the  United  States,  as  determined  by  the  last 
census. 

Senatorial  Districts.  The  state  is  separated  into  50 
senatorial  districts,  and  each  district  elects  one  member  of 
the  state  senate.  There  is  at  present  no  fixed  ratio  of 
representation  for  senatorial  districts,  but  the  intention  is 
to  form  the  districts  so  that  each  senator  shall  represent 
about  twice  as  many  inhabitants  as  a  state  representative 
does. 

Representative  Districts.  There  are  99  representative 
districts,  and  as  these  districts  choose  108  representatives, 
some  of  the  districts  must  choose  more  than  one  member. 
There  are  nine  districts  that  choose  two  members  each. 
They  are  Wapello,  Black  Hawk,  Pottawattamie,  Polk, 
Scott,  Clinton,  Linn,  Woodbury,  and  Dubuque  counties. 
The  ratio  of  representation  is  one  representative  for  every 
22,472  inhabitants  or  fraction  thereof  more  than  one-half. 
Any  county  having  one  and  three-fifths  times  the  ratio  of 
representation  is  entitled  to  one  additional   representative. 

Judicial  Districts.  There  are  21  judicial  districts  in 
the  state.  These  districts  are  formed  by  act  of  the  Gen- 
eral Assembly,  and  they  are  subject  to  change  at  any  time 
by  law.  There  is  no  basis  of  population  for  determining 
the  size  of  judicial  districts. 


MISCELLANEOUS  MATTERS 


173 


Table  of  Districts 

Tile  accompanying  table  will  be  found  useful  in  study- 
ing the  district  organization  of  the  state.  In  the  proper 
columns,  after  each  county  name,  will  be  found  the  num- 
ber of  each  kind  of  district  to  which  that  county  belongs. 


Counties  of  Iowa 


NAME 


COUNTY     SEAT 


Adair   [Greenfield 

Adams   

Allamakee  .  . 
Appanoose  . . 
Audubon    . . . 

Benton 

Black  Hawk. 

Boone  

Bremer 

Buchanan  . .  . 
Buena  Msta 

r.utler    

Calhoun   .... 

Carroll 

Cass    

Cedar  

Cerro  Gordo 
Cherokee  .  . . 
Chickasaw  .  . 

Clarke 

Clay    

Clayton  

Clinton   

Crawford iDenison 

Dallas Add 

Davis   

Decatur  .... 
Delaware  .  .  . 


Corning 

Waukon    

Centerville    .  .  . 

Audubon 

Vinton 

Waterloo    .... 

Boone    

Waverly    

Independence   . 
Storm  Lake   .  . 

Allison    

Rockwell  City 

Carroll    

Atlantic    

Tipton   

Mason  City.  . . 

Cherokee  

New  Hampton 

Osceola 

Spencer   

Elkader   

Clinton    


Bloomfield 

Leon    

Manchester 


ONG. 

SEN. 

REP. 

JUD. 

1ST. 

DIST. 

DIST. 

DIST. 

9 

16 

29 

5 

8 

6 

13 

3 

4 

40 

90 

13 

8 

3 

4 

9 

17 

34 

15 

5 

45 

49 

17 

3 

38 

66 

10 

10 

31 

53 

11 

3 

39 

72 

12 

3 

33 

67 

10 

11 

50 

78 

14 

3 

39 

73 

12 

10 

27 

61 

16 

10 

48 

55 

16 

9 

18 

30 

15 

5 

24 

44 

18 

4 

43 

87 

12 

11 

46 

79 

21 

4 

44 

89 

13 

8 

11 

15 

3 

11 

47 

83 

14 

4 

36 

70 

13 

2 

22 

45 

7 

10 

34 

56 

16 

7 

17 

36 

5 

6 

3 

3 

2 

8 

5 

6 

3 

3 

33 

68 

10 

174 


IOWA  AND  THE  NATION 


NAME 


COUNTY    SEAT 


CONG. 
DIST. 


SEN. 
DIST. 


REP.      JUD. 
DIST.     DIST. 


Des  Moines 


1 
11 


Burlington  

Dickinson i Spirit  Lake 

Dubuque ,  Dubuque !     3 

Estherville    10 

4 
4 
3 
8 
10 


Emmet 
Fayette  .. 
Floyd   .  .  . 
Franklin  . 
Fremont  . 
Greene  .  . 
Grundy  .. 
Guthrie    . 
Hamilton 
Hancock 
Hardin  .  . 
Harrison 
Henry  .  . . 
Howard  . 
Humboldt 

Ida   

Iowa  .... 
Jackson  . 
Jasper  .  . 
Jefferson 
Johnson  . 
Jones  . . . 
Keokuk  .  . 
Kossuth   .  , 

Lee 

Linn 

Louisa  .  .  , 
Lucas  .  .  .  , 
Lyon  .  . .  . 
^ladison  . 
Mahaska  . 
Marion  . .  . 
Marshall  . 
Mills  .  .  .  . 
Mitchell   .  . 


West  Union  .  . 
Charles  City  .  . 

Hampton 

Sidney     

Jefferson     .... 

Grundy  Center 

Guthrie 

Webster 

Garner 

Eldora 


Center 
Citv    . 


Logan    

Mt.  Pleasant   

Cresco 

Dakotah    

Ida   Grove    

]\Iarengo    

Maquoketa    

Newton 

Fairfield    

Iowa   City    

Anamosa    

Sigourney    '     6 

Algona    

Ft.    Madison    

Marion    

Wapello    

Chariton    

Rock  Rapids    

Winterset    

Oskaloosa 

Knoxville   

INIarshalltown   

Glenwood  

Osage  


9 
47 
35 
47 
40 
44 
43 

7 
48 


:) 

38 

9 

17 

;  10 

Z7 

10 

43 

3 

}>7 

9 

34 

1 

10 

1  4 

42 

10 

50 

11 

46 

2 

25 

2 

22^ 

6 

29 

1 

2 

1 

I't^ 

5 

24 

6 

12 

10 

47 

:    1 

1 

1  5 

26 

1 

20 

8 

4 

11 

49 

7 

16 

6 

14 

7 

15 

0 

28 

9 

8 

4 

41 

21 
97 
69 
96 
71 
88 
74 
10 
54 
65 
35 
63 
86 
64 
Z2 
20 
92 
76 
59 
40 
46 
38 
19 
41 
47 
24 
^h 
1 
48 
22 
16 
99 
28 
25 
26 
51 
11 
93 


20 

14 

19 

14 

13 

12 

11 

15 

16 

10 

5 

11 

12 

11 

15 

20 

13 

14 

16 

8 

7 

6 

2 

8 
18 

6 
14 

1 
18 
20 

2 

21 

5 
6 
5 

17 
15 
12 


.AI ISCELLANEOUS  -MATTERS 


17: 


NAME 


COUNTY    SEAT 


CONG. 
DIST. 


SEN. 
DIST. 


REP.       JUD. 
DIST.      DIST. 


Monona 

Monroe    

Montgomei"}'  . 
Muscatine    .  .  . 

O'Brien    

Osceola    

Page 

Palo  Alto 

Plymouth  .... 
l^ocahontas    .  . 

Polk   _.  . 

Pottawattamie 
Poweshielv  .  .  . 
Ringgold    .  .  .  . 

Sac 

Scott 

Shelby    

Sioux 

Story    

Tama   

Taylor    

Union 

Van  Buren  .  .  . 

Wapello 

Warren 

Washington  .. 

Wayne 

Webster    

Winnebao'o  .  . 
Winneshiek  .  . 
Woodbury   . .  . 

Worth    

Wrieht 


Onawa  .  . 
Albia  .  .  . 
Red  Oak  . 
Muscatine 


11 

() 


Primghar    !    11 

Sibley    '    11 

Clarinda    (S 

Emmetsburg 10 

Le  Afars   11 

Pocahontas i    10 

7 

9 

6 

8 

11 
-> 

9 
11 

7 


City 


Des  Moines   .  . 
Council  Bluffs 
Montezuma    .  . 

Mt.  Ayr   

Sac  City   

Davenport  . .  .  . 

Harlan    

Orange 
Nevada 
Toledo    .  . . 
Bedford    .  . 
Creston   .  . . 
Keosauqua 
Ottumwa    . 
IncHanola    . 
Washington 
Cory  don 
Fort  ' 
F'orest  City 
Decorah    .  . 
Sioux  City 
Northwood 
Clarion    .  .  . 


Dodge 


8 
8 
1 
6 
7 
1 

8 

10 

10 

4 

11 

4 

3 


34 
15 

8 

20 

49 

49 

7 

47 

4() 

50 

30 

19 

12 

5 

48 

21 

18 

49 

31 

45 

6 

5 

2 

13 
11 
10 
4 
27 
41 
42 
3,2 
41 
37 


57 
17 
12 
42 
82 
98 

9 
84 
80 
77 
37 
31 
39 

7 
60 
43 
33 
81 
52 
50 

8 
14 

2 

18 
27 
23 

5 
62 
95 
91 

58 
94 

75 


4 

15 

7 

21 

21 

15 

14 

21 

14 

9 

15 

6 

3 

16 
7 
15 
21 
11 
17 

.■) 

-> 
.> 

2 
2 

5 

6 

3 

11 

12 

13 

4 

12 

11 


176  IOWA  AND  THE  NATION 

QUESTIONS  AND  SUGGESTIONS 

1.  Who  Is  commander-in-chief  of  the  militia?  How 
does  the  miHtia  differ  from  the  National  Guards  ?  May  the 
militia  be  called  upon  to  assist  a  constable  or  sheriff  in 
maintaining  order? 

2.  Can  the  General  Assembly  of  Iowa  pass  a  law 
guaranteeing  bank  deposits,  that  is,  agree  to  pay  deposi- 
tors the  full  amount  of  their  deposits  in  case  of  a  bank 
failure  ? 

3.  To  what  extent  may  the  state  contract  debts? 
What  special  exceptions  are  there  to  this  limit? 

4.  May  the  state  become  a  partner  in  a  mining  cor- 
poration? Why  should  not  the  state  be  permitted  to 
engage  in  business  in  competition  with  private 
corporations? 

5.  What  is  a  corporation?  Suppose  a  corporation  is 
criminally  negligent  and  causes  the  death  of  an  employee, 
how  would  it  be  punished?  Do  you  think  the  officers 
ought  to  be  imprisoned?    Why? 

6.  What  is  the  permanent  school  fund?  How  are 
losses  in  this  fund  made  up? 

7.  How  may  the  constitution  be  amended?  Should 
amendment  be  made  easy  or  difficult? 

8.  Into  what  kinds  of  districts  is  Iowa  separated?  Are 
all  of  these  districts  for  the  purpose  of  state  government? 
or  are  some  for  the  purpose  of  national  government? 
Distinguish  between  congressional  and  representative 
districts. 

9.  What  effect  did  the  adoption  of  the  constitution 
have  on  laws  that  were  in  effect  previous  to  its 
adoption  ? 


PART  III 


THE  NATION 

CHAPTER  I 

FORMS  OF  GOVERNMENT 

Origin  of  Government.  The  family  was  the  first  unit 
of  government.  The  father  was  the  head  of  the  family 
and  in  early  times  had  absolute  authority  over  all  the  mem- 
bers of  his  household.  Sometimes  his  authority  was  ex- 
tended to  kindred  outside  his  immediate  family.  From  this 
beginning  it  was  an  easy  natural  step  to  patriarchal  gov- 
ernment. 

Patriarchal  Government.  When  the  sons  married  they 
remained  in  the  family,  their  descendants  also  remained, 
and  in  this  way  the  family  became  a  tribe  over  which  the 
father  ruled.  At  his  death  he  was  succeeded  by  his  eldest 
son,  and  the  tribe  continued  for  many  generations.  Illus- 
trations of  patriarchal  government  are  found  in  the  early 
history  of  the  Hebrew  nation  and  in  the  Scottish  clan. 

With  the  progress  of  civilization  patriarchal  government 
was  superseded  by  forms  that  are  still  in  existence.  These 
are  the  monarchy,  the  democracy  and  the  republic. 

Monarchy.  Originally  a  monarchy  was  a  government 
ruled  over  by  a  single  person,  who  had  absolute  authority 
over  his  subjects.  The  step  from  the  patriarch  to  the 
monarch  was  natural,  and  at  first  the  only  real  difi'erence 

177 


178  IOWA  AND  THE  NATION 

between  them  was  that  the  monarch's  rule  was  not  confined 
to  a  single  tribe,  but  extended  over  the  entire  nation.  Two 
classes  of  monarchies  are  recognized,  absolute  and  limited. 

Absolute  Monarch.y.  An  absolute  monarchy  is  one  in 
which  the  supreme  ruler  exercises  unlimited  control.  His 
decrees  constitute  a  good  portion  of  the  laws,  and  the 
nation  must  obey  his  will.  Theoretically  there  are  now  no 
absolute  monarchies  among  civilized  nations,  but  practically 
Turkey  and  Russia  should  be  considered  such,  since  their 
constitutions  have  afforded  the  subjects  of  those  countries 
little  if  any  relief. 

Limited  Monarchy.  A  limited  monarchy  is  one  in  which 
the  authority  of  the  ruler  is  restricted  by  a  constitution. 
Such  a  monarchy  has  a  national  legislature,  such  as  the 
British  Parliament,  which  controls  legislation.  The  govern- 
ment is  divided  into  departments,  each  under  the  immediate 
direction  of  an  officer  in  charge.  These  officers  are  styled 
secretaries  or  ministers.  Great  Britain,  Germany,  Austria- 
Hungary  and  Japan  are  examples  of  a  limited  monarchy. 

The  rulers  of  monarchies  take  the  title  of  king,  queen, 
emperor,  czar  and  sultan,  according  to  the  custom  of  the 
country.  In  practically  all  monarchies  the  ruler  receives 
his  position  by  inheritance.  But  in  rare  instances  a  ruler  is 
chosen  from  the  royal  family  of  some  other  nation. 

Democracy.  A  democracy  is  the  simplest  form  of  gov- 
ernment by  the  people.  In  a  pure  democracy  all  the  people 
take  part  in  the  government.  Such  a  form  of  government 
is  impracticable  except  in  small  communities.  The  best 
example  of  it  is  the  New  England  town  meeting.  This  meet- 
ing is  composed  of  the  legal  voters  of  the  township,  who 
meet  annually  to  choose  town  officers  and  transact  any  busi- 
ness necessary  for  the  township. 

Republic.  A  republic  might  be  considered  a  democracy 
by  representation.     All  the  voters  of  a  township  may  meet 


FORMS  OF  GOVERNMENT  179 

to  lcf,Mslate  for  their  township,  Init  it  is  impracticaljle  inv  all 
the  voters  of  a  state  or  even  a  county  to  meet  to  lej^islate  for 
these  resj)ecti\c  units  of  government.  Therefore  tlie  citizens 
of  these  units  choose  representatives  to  enact  laws,  and  to 
see  that  the  lav^s  are  executed.  In  a  republic  every  voter 
has  a  voice  in  the  government  if  he  exercises  his  right  to 
vote,  because  through  his  ballot  he  expresses  his  choice  for 
the  representatives  and  other  officers  to  be  elected. 

The  United  States  and  the  various  states  of  the  Union  are 
the  best  examples  of  republics.  France  and  Switzerland 
and  the  countries  of  South  America  are  also  republics,  and 
China  has  adopted  a  republican  form  of  government. 


CHAPTER  II 

ORIGIN  OF  UNITED  STATES  GOVERNMENT 

Early  Attempts  to  Form  a  Union 

1.  New  England  Colonies.  In  1643  the  colonies  of 
Massachusetts  Bay,  Plymouth,  Connecticut  and  New  Haven 
united  under  a  written  constitution  for  mutual  protection 
against  the  Indians,  the  French  in  Canada  and  the  Dutch 
settlers  in  New  York.  This  union  continued  until  1684, 
but  it  was  purely  local  in  its  influence. 

2.  Albany  Convention.  In  1754,  when  the  French 
and  Indian  War  was  pending,  a  convention  of  delegates 
from  the  colonies  met  in  Albany  to  arrange  a  treaty  with 
the  Six  Nations.  At  this  convention  Benjamin  Franklin 
presented  a  plan  for  the  union  of  all  the  English  colonies. 
The  plan  was  adopted  by  the  convention,  but  it  was  rejected 
by  each  of  the  colonies  and  by  Parliament;  by  the  colonies 
because  they  thought  it  gave  the  Crown  too  much  power, 
and  by  Parliament  because  that  body  considered  that  it  con- 
ferred too  much  power  on  the  colonies. 

The  plan  provided  for  a  president-general  of  all  the  col- 
onies and  a  colonial  assembly  which  should  have  authority 
to  legislate  on  colonial  aftairs.  Though  this  plan  failed 
at  the  time,  it  formed  one  of  the  steps  towards  the  union 
formed  after  the  breaking  out  of  the  Revolutionary  War. 

3.  Colonial  Congress,  also  called  Stamp-Act  Congress. 
This  body  met  in  New  York  on  October  7,  1765.  Nine 
colonies  were  represented.     The  Congress  sent  a  petition  to 

180 


ORIGIN  OF  UNITED  STATES  GOVERNMENT       181 

Parliament  and  an  address  to  the  king  and  passed  a  decla- 
ration of  rights  and  grievances  of  the  colonies. 

4.  Continental  Congress.  The  first  Continental  Con- 
gress met  in  Philadelphia  in  1774.  It  was  only  an  advisory 
body,  and  its  work  was  restricted  to  recommendations.  The 
second  Congress,  however,  was  a  revolutionary  body  and 
assumed  such  powers  as  were  necessary  to  enable  the  col- 
onies to  carry  on  the  war  with  England.  This  Congress 
was  in  almost  continual  session  until  1783. 

5.  Declaration  of  Independence.  The  Declaration  of 
Independence  passed  by  Congress,  July  4,  1776,  was  an 
epoch-making  instrument.  It  changed  the  relation  of  the 
colonies  to  the  Mother  Country  and  placed  them  in  such  a 
position  that  union  wa?  necessary  to  their  political  existence. 

6.  Articles  of  Confederation.  Previous  to  the  Revo- 
lutionary War  there  were  three  forms  of  colonial  govern- 
ment in  America,  known  respectively  as  the  charter,  the 
royal  and  the  proprietary.  Colonies  under  the  first  form 
were  governed  under  a  charter  which  had  been  granted 
by  the  home  government,  and  served  every  purpose  of  a 
constitution  for  the  colony  to  which  it  was  granted,  x^fter 
the  passage  of  the  Declaration  of  Independence  these  char- 
ters with  slight  modification  became  the  constitutions  of 
their  respective  states. 

Colonies  under  a  royal  government  had  no  charter  and 
were  more  directly  under  the  authority  of  the  royal  gov- 
ernor who  was  appointed  by  the  Crown.  There  was  always 
more  or  less  friction  between  these  governors  and  the 
colonists. 

Proprietary  colonies,  like  Pennsylvania,  were  governed 
by  the  proprietor,  who,  however,  was  subject  to  the  king, 
and  was  restricted  in  the  exercise  of  his  authority  by  the 
provisions  in  the  grant  of  territory  in  which  the  colony 
was  founded. 


182  IOWA  AND  THE  NATION 

At  the  breaking  out  of  the  war,  there  was  no  colonial 
system,  nor  any  body  of  laws  which  could  be  applied  uni- 
formly to  all  the  states.  Some  sort  of  national  constitution 
was  necessary. 

in  the  courts?  What  effect  did  it  have  on  crimes  com- 
mitted before  its  adoption?  Debts?  Contracts?  Why 
were  these  provisions  made?  (See  the  first  paragraph, 
Section  10,  Article  I  of  the  United  States  Constitution 
before  you  answer  the  last  question.) 

10.  Trace  the  steps  necessary  for  the  adoption  of  the 
constitution. 

Recognizing  this  deficiency.  Congress  appointed  a  com- 
mittee to  draft  a  constitution  of  the  United  States  on  the 
same  day  that  they  appointed  a  committee  to  draft  the 
Declaration  of  Independence.  This  committee  completed 
its  work  in  1777. 

The  constitution  which  they  presented  is  known  as  the 
Articles  of  Confederation.  It  contained  a  provision  that  it 
should  not  become  effective  until  it  was  accepted  by  twelve 
states,  and  it  was  not  until  1781  that  the  Articles  became 
the  law  of  the   land. 

The  adoption  of  this  constitution  was  a  very  important 
step  in  the  formation  of  the  Union ;  it  was  also  the  first 
movement  of  this  sort  on  so  large  a  scale  in  the  history  of 
the  world. 

Defects.  In  considering  the  Articles  of  Confederation 
we  must  remember  that  the  experiences  of  the  colonists 
had  been  such  as  to  cause  them  to  fear  a  strong  central 
government  because  the  defects  in  our  first  national  con- 
stitution were  due  almost  entirely  to  this  fear. 

There  was  no  provision  for  a  president.  Congress  con- 
sisted of  only  one  house  and  each  state  had  but  one  vote 
whatever  its  number  of  delegates.  The  powers  of  Con- 
gress  were   restricted   almost   wholly   to   recommendations, 


ORIGIN  Ol'   LWITKD  STATES  GOVKRXMI'XT       183 

the  final  authority  of  acting  upon  these  recommendations 
resting  with  the  separate  states.  Congress  could  rec(jni- 
mend  taxes,  but  could  not  levy  them,  it  could  recomniend 
that  each  state  raise  a  certain  number  of  troops  for  the 
Federal  army,  but  could  not  compel  the  state  to  do  so.  In 
the  language  of  Judge  Story, 

"Congress  could  declare  ever}thing,  but  could  do  nothing." 

Constitutional  Convention 

Critical  Period.  The  years  immediately  following  the 
Revolutionary  War  have  been  appropriately  named  "Tlie 
Critical  Period  of  American  History."  No  sooner  was 
independence  achieved  than  each  state  began  to  place  its 
own  interests  before  those  of  the  nation.  State  jealousies 
rapidly  developed  and  there  was  great  danger  that  the  new 
nation  would  be  destroyed  by  internal  dissentions.  Wash- 
ington, Madison,  Hamilton  and  other  leading  statesmen 
had  long  recognized  the  necessity  for  a  stronger  central 
government,  but  commercial  conditions  exerted  an  equal, 
if  not  greater,  influence  in  bringing  about  a  movement  for 
the  revision  of  the  Articles  of  Confederation. 

Annapolis  Convention.  In  1786  a  convention  met  in 
Annapolis  to  consider  the  commercial  interests  of  the  United 
States.  Only  five  states  were  represented  and  nothing  was 
accomplished.  However,  before  adjournment  the  conven- 
tion recommended  that  commissions  be  appointed  by  the 
various  states  to  meet  in  convention  in  Philadelphia  on  the 
second  Monday  in  May,  1787,  for  the  purpose  of  revising 
the  Articles  of  Confederation. 

Philadelphia  Convention.  In  February,  1787,  Congress 
passed  a  resolution  urging  the  states  to  send  delegates  to 
the  Philadelphia  convention,  for  the  sole  purpose  of 
revising  the  Articles  of  Confederation.     The  delegates  were 


184  IOWA  AND  THE  NATION 

appointed,  but  owing  to  the  difficulties  of  travel  only  a 
small  number  had  reached  Philadelphia  on  the  date  named 
for  opening  the  convention,  and  the  organization  was  not 
perfected  until  May  25.  All  states  except  Rhode  Island 
were  represented.  George  Washington  was  chosen  presi- 
dent and  William  Jackson  secretary.  The  convention  voted 
to  sit  with  closed  doors,  and  all  its  records  were  kept  secret. 
Fortunately  James  Madison  took  full  shorthand  notes  of 
the  proceedings  and  these  were  published  years  afterwards 
as  the  Madison  Papers. 

Because  of  the  large  proportion  of  eminent  men  among 
the  members  and  the  far-reaching  influence  of  the  work 
accomplished,  this  convention  wall  always  rank  as  one  of 
the  foremost  assemblies  of  the  world.  The  delegates  were 
only  authorized  to  revise  the  Articles  of  Confederation,  but 
they  soon  found  that  no  revision  would  make  the  Articles 
adequate  to  the  needs  of  the  country ;  therefore  they  began 
anew,  and  the  result  of  their  deliberations,  which  lasted 
four  months,  was  the  Constitution  of  the  United  States  as 
it  now  stands,  without  amendments. 

The  work  was  so  satisfactory  that  only  three  members, 
Edmund  Randolph,  George  Mason  and  Elbridge  Gerry, 
refused  to  sign  the  Constitution. 

"Whilst  the  last  members  were  signing,  Doctor  Franklin, 
looking  tow^ards  the  president's  chair,  at  the  back  of  which 
a  rising  sun  happened  to  be  painted,  observed  to  a  few  mem- 
bers near  him,  that  painters  had  found  it  difficult  to  distin- 
guish in  their  art,  a  rising  from  a  setting  sun.  T  have,' 
said  he,  'often  and  often,  in  the  course  of  the  session,  and 
the  vicissitudes  of  my  hopes  and  fears  as  to  its  issue,  looked 
at  that  behind  the  president,  without  being  able  to  tell 
whether  it  was  rising  or  setting,  but  now  at  length,  I  have 
the  happiness  to  know,  that  it  is  a  rising  and  not  a  setting 
sun.'  " 


ORIGIN  OF  UNITED  STATES  GOVERNMENT       185 

QUESTIONS  AND  SUGGESTIONS 

1.  Did  the  Indians  have  any  form  of  government  when 
they  were  first  known  to  white  men  ? 

2.  Classify  the  government  of  each  of  the  following 
nations:     Great  Britain,  Germany,  Russia,  China,   I'.razil. 

3.  What  European  countries  have  a  republican  form  of 
government  ? 

4.  Why  are  the  years  immediately  following  the  close 
of  the  Revolutionary  War  known  as  the  "Critical  Period 
of  American  History"? 

5.  Is  the  plan  of  union  presented  by  Franklin  at  the 
Albany  Convention  now  in  use  in  any  country  ? 

6.  Show  how  the  adoption  of  the  Articles  of  Confedera- 
tion was  an  important  step  towards  the  formation  of  the 
Federal  Union. 

7.  Could  these  Articles  have  been  adopted  if  they  had 
provided  for  a  stronger  central  government? 

8.  Why  was  the  Constitutional  Convention  one  of  the 
most  important  political  bodies  in  the  world? 


CHAPTER   III 
PREAMBLE 

JVe,  the  people  of  the  United  States,  in  order  to  form  a 
more  perfect  union,  establish  justice,  insure  domestic  tran- 
quillity, provide  for  the  common  defense,  promote  the  gen- 
eral welfare,  and  secure  the  blessings  of  liberty  to  ourselves 
and  our  posterity,  do  ordain  and  establish  this  constitution 
for  the  United  States  of  America. 

Purpose.  The  preamble  of  the  Constitution  is  the  key- 
note of  popular  government.  It  contains,  in  few  words, 
a  summary  of  the  reasons  for  the  formation  of  our  govern- 
ment, and  in  it,  there  is  a  clear,  definite  statement  of  the 
needs  of  the  nation  at  the  time  of  its  adoption,  as  well  as 
ample  provision  for  future  ages. 

More  Perfect  Union.  The  greatest  need  of  the  hour  was 
that  a  more  perfect  union  of  the  states  might  be  formed. 
"We  are  one  to-day  and  thirteen  to-morrow"  was  a  common 
assertion,  and  all  thoughtful  men  realized  the  truth  of  the 
statement.  Under  the  Articles  of  Confederation,  the  weak- 
ness of  the  government  was  due  almost  entirely  to  the 
lack  of  union  among  the  states.  It  is  no  wonder,  there- 
fore, that  the  first  reason  given  in  the  preamble  is,  "in 
order  to  form  a  more  perfect  union." 

Justice.  To  establish  justice  among  the  states  was  also 
an  urgent  necessity.  Petty  jealousies  had  arisen  among 
them,  and  each  one  seemed  to  fear  that  its  rights  were 
abridged  by  the  others.  As  there  was  no  judicial  branch 
of  the  general  government,  there  was  no  legal  way  of  set- 

186 


PREAMBLE  187 

tling  these  disputes,  and  the  condition  in  some  cases  was 
truly  deplorable. 

Domestic  Tranquillity.  During  the  few  years  that  the 
Articles  of  Confederation  formed  the  basis  of  our  govern- 
ment, the  states  were  in  constant  trouble  with  their  neigh- 
bors. Each  state  also  had  as  much  to  fear  from  dangers 
within  its  own  borders  as  it  had  from  outside  foes.  The 
necessity  for  "domestic  tranquillity"  was  very  urgent,  and 
as  nearly  all  tlie  trouble  among  the  states  had  arisen  from 
their  trade  relations,  congress,  by  the  new  plan,  was  very 
wisely  given  the  power  to  regulate  commerce.  In  order 
that  peace  might  be  insured  to  the  states,  the  general  gov- 
ernment has  the  power  to  put  down  insurrections  in  any  of 
the  states. 

Common  Defense.  The  states  had  learned  from  the  war 
through  which  they  had  just  passed,  that  their  success 
depended  upon  their  united  action.  The  United  States  could 
do  more  to  provide  for  the  common  defense  than  could 
possibly  be  accomplished  by  the  states  themselves  each  act- 
ing separately.  The  right  to  make  all  necessary  provisions 
for  supporting  an  army  and  navy  is  given  to  the  general 
government. 

General  IVelfure.  To  promote  the  general  welfare  of 
all  the  states  and  of  all  the  people  is  an  important  function 
of  popular  government.  This  work  is  carried  on  in  many 
ways,  and  it  is  no  idle  boast  to  say  that  no  other  govern- 
ment has  ever  done  so  much  to  benefit  all  classes  of  society 
as  has  our  own.  The  large  grants  of  lands  and  money  given 
by  Congress  to  foster  education,  especially  of  late  years, 
the  improvements  of  rivers  and  harbors,  the  excellent  postal 
service,  and  the  improved  civil  service,  are  but  a  few  of 
the  many  ways  in  which  the  general  welfare  of  the  people 
is  promoted. 

Perpetuity.    The  last  clause  of  the  preamble  is  a  fitting 


188  IOWA  AND  THK  NATION 

climax.  The  members  of  the  Constitutional  Convention 
realized  the  importance  of  the  work  they  had  undertaken, 
and  it  was  their  deliberate  purpose  to  found  a  government 
for  posterity.  How  well  their  work  was  done,  the  nineteenth 
century  can  fully  attest. 


CHAPTER  IV 

ARTICLE  I 

THE  LEGISLATIVE   BRANCH 

Section   I.     Congress 

All  legislative  powers  herein  granted,  shall  he  vested  in  a 
congress  of  the  United  States,  ivhicli  shall  consist  of  a  senate 
and  house  of  representatives. 

Branches  of  Government.  The  plan  for  the  formation 
of  a  general  government  with  three  branches,  which  should 
be  as  nearly  independent  of  one  another  as  possible,  doubt- 
less originated  with  Washington.  The  three  branches  of 
government  established  by  the  constitution  are  the  legislative. 
the  executive  and  the  judicial.  These  are  often  called  the 
law-making,  the  law-enforcing  and  the  law-interpreting 
powers  of  the  government. 

Legislative  Branch.  The  legislative  branch  is  properly 
placed  first  in  the  constitution,  because  it  is  the  foundation 
for  the  workings  of  the  other  two  branches.  The  legislative 
branch  is  given  more  space  in  the  Constitution  than  both 
of  the  other  branches  on  account  of  its  importance,  and 
also  because  of  a  desire  on  the  part  of  members  of  the 
convention  to  be  very  explicit  in  outlining  the  work  of  this 
branch. 

Difficidties  of  Organisation.  Congress  under  the  Confed- 
eration, consisted  of  but  one  house,  and  there  was  a  strong 
effort  made  to  organize  the  new  Congress  in  the  same  way. 
It  was  decided  early   in  the  convention,   that   membership 

189 


190  IOWA  AND  THE  NATION 

in  congress  should,  in  a  measure  at  least,  be  determined  by 
the  population  of  the  several  states,  and  the  smaller  states 
felt  that  they  would,  in  this  way,  be  deprived  of  all  power 
in  the  government.  They  preferred  to  remain  out  of  the 
Union,  as  they  had  a  perfect  right  to  do,  rather  than  to 
become  part  of  a  government  which  would  be  practically  con- 
trolled by  a  few  of  the  large  states. 

Representation.  Parliament,  the  legislative  branch  of 
the  English  government,  was  taken  by  the  small  states  as 
a  model,  because  it  consists  of  two  houses,  and  a  compro- 
mise was  finally  made  by  which  the  representation  in  the 
upper  house  was  made  the  same  for  each  of  the  states. 
As  a  concession  to  the  larger  states,  the  smaller  states  agreed 
to  representation  in  the  lower  house  to  be  based  upon  popu- 
lation. 

Section  II.     House  of  Representatives 

Clause  I. — Composition  and  Term 

The  house  of  represeiifafiirs  shall  be  composed  of  mem- 
bers chosen  ez'er^'  second  year  by  the  people  of  the  several 
states,  and  the  electors  in  each  state  shall  have  the  qualifica- 
tions requisite  for  electors  of  the  most  numerous  branch  of 
the  state  legislature. 

House.  The  house  of  representatives  is  so  called  be- 
cause its  members  are  chosen  to  represent  the  people.  The 
first  congress  under  the  Constitution  assembled  on  the  first 
Wednesday  in  March — which  chanced  to  be  the  fourth  day 
of  the  month — in  the  year  1789.  Each  congress  is  numbered 
in  order  from  the  first  one,  and  the  number  is  changed 
March  4th  of  each  odd-numbered  year.  The  term  of  mem- 
bers of  the  Sixty-fourth  Congress  began  March  4,  1915, 

Election  of  Members.     Tha  election  of  members  of  the 


TIIF.  LF.GTST.ATIVE  P.RAXCH  191 

house  of  representatives  occurs  on  the  Tuesday  next  after 
the  hrst  Monday  in  November  of  each  even-numbered  year. 
Representatives  to  congress  arc  elected  for  two  years  and 
there  is  no  restriction  as  to  their  re-election.  An}'  niemlier 
can  serve  as  many  terms  as  he  can  secure  re-elections. 

Qnalifications  of  Electors.  The  same  qualifications  are 
required  for  electors  for  representatives  in  congress  as  are 
required  for  electors  for  the  most  numerous  branch  of  the 
state  legislature.  In  other  words,  anyone  who  can  vote 
for  representatives  in  his  state  legislature  can  vote  for  rep- 
resentatives in  congress.  Since  each  state  determines  the 
qualifications  of  its  voters,  these  qualifications  vary  in  dif- 
ferent states.    See  Part  II,  page  98. 

Clause  2. — Qualifications 

No  person  shall  be  a  representative  zvlw  shall  not  Jiove 
attained  the  age  of  twenty-fire  years,  and  been  seven  years 
a  citizen  of  the  United  States,  and  zvho  shall  not.  when 
elected,  be  an  inhabitant  of  that  state  in  zvhich  he  is  chosen. 

Citizenship.  The  question  of  citizenship  was,  for  many 
years,  a  troublesome  one  in  this  country,  and  it  was  not 
definitely  settled  until  the  adoption  of  the  fourteenth  amend- 
ment to  the  United  States  Constitution.  The  qualifications 
required  of  representatives  are  certainly  not  too  high. 

Age,  By  the  clause  of  the  Constitution  quoted  above, 
it  will  be  seen  that  the  earliest  age  at  which  a  native-born 
citizen  may  become  a  representative  in  congress  is  twenty- 
five  years,  and  as  this  is  only  four  years  after  the  person 
has  acquired  the  right  to  vote,  the  minimum  age  is  generally 
considered  low  enough. 

Aliens.  An  alien,  by  the  usual  process,  must  reside 
in  this   country    five  years   before   he   can   be   naturalized. 


192  IOWA  AND  THE  NATION 

This  period,  together  with  the  seven  years"  residence  re- 
quired by  the  Constitution,  makes  it  necessary  for  an  ahen 
to  have  resided  in  the  United  States  at  least  twelve  years 
before  he  can  become  a  member  of  the  house  of  representa- 
tives in  congress. 

Residence.  It  is  required  that  members  of  congress 
shall,  at  the  time  of  their  election  at  least,  be  inhabitants 
of  the  states  from  which  they  are  chosen.  For  convenience, 
as  well  as  for  the  purpose  of  carrying  out  the  idea  of  close 
representation,  each  state  that  is  entitled  to  more  than  one 
representative,  is  separated  into  congressional  districts,  and 
each  district  chooses  its  own  representative. 

Congressional  Districts.  Congressional  districts  are 
formed  by  the  legislature  of  each  state  in  such  a  way  as 
to  make  them  as  nearly  equal  in  population  as  possible. 
These  districts  are  designated  by  number,  and  their  bound- 
aries are  subject  to  change  every  ten  years.  Residence  in 
the  congressional  district  he  is  chosen  to  represent  is  not  a 
constitutional  requirement,  although  only  a  very  few  repre- 
sentatives have  ever  been  chosen  to  represent  districts  in 
which  they  did  not  reside.  The  qualification  of  residence 
applies  only  to  the  time  of  election,  but  it  would  seem  emi- 
nently proper  for  a  representative  who  has  removed  from 
the  state  in  which  he  was  chosen,  to  resign  at  the  time  of 
his  removal. 

Clause  J. — Apportionment 

The  parts  of  this  clause  enclosed  in  parentheses  are  now  obsolete. 
Representatives  and  direct  taxes  shall  be-  apportioned 
among  the  several  states  ivhich  may  be  included  zvithin  this 
Union,  according  to  their  respective  numbers,  (zvhich  shall 
be  determined  by  adding  to  the  zvhole  number  of  free  persons, 
including  those  bound  to  service  for  a  number  of  years,  and) 


THE  T.F.GTSLATIVK  P.RAXCTT  193 

e.vchu/iiuj  Iiuliaiis  not  taxed,  (three-fifths  of  all  other  per- 
sons). '  The  actual  eiiiiineratioii  shall  be  made  within  three 
years  after  the  first  nieetiiu/  of  the  eoiujress  of  the  United 
States,  and  -icithin  ei'ery  suhse(jitent  term  of  ten  years,  in 
such  manner  as  they  shall  hy  law  direct.  The  number  of 
representatives  shall  not  exceed  one  for  every  thirty  thou- 
sand, but  each  state  shall  have  at  least  one  representative, 
(and  until  such  enumeration  shall  be  made,  the  State  of  Nezv 
Hampshire  shall  be  entitled  to  choose  three,  Massachusetts 
eight,  Rhode  Island  and  Providence  Plantations  one,  Con- 
necticut five,  Nezv  York  six,  Nezv  Jersey  four,  Pennsylvania 
eight,  Delaware  one,  Maryland  six,  Virginia  ten,  North 
Carolina  five.  South  Carolina  five,  and  Georgia  three). 

Representatives — Direct  Taxes.  One  of  the  most  diffi- 
cult things  for  the  members  of  the  Constitutional  Convention 
to  agree  upon  was  the  basis  of  representation  in  both  houses 
of  congress.  After  much  discussion,  it  was  decided  to 
apportion  representatives  and  direct  taxes  among  the  states 
according  to  population,  See  sixteenth  amendment,  page 
302. 

Census.  No  formal  counting  of  the  people  of  the  United 
States  had  ever  been  made,  and  the  assignment  of  members 
of  the  first  congress  to  the  different  states  was  purely  arbi- 
trary. The  convention  had  agreed  upon  forty  thousand 
inhabitants  as  the  basis,  or  ratio,  of  representation,  but 
Washington,  in  about  the  only  address  he  made  to  the  con- 
vention, urged  that  the  number  be  changed  to  thirty  thou- 
sand.    The  change  was  made  at  once. 

The  primary  object  of  the  census  is  to  show  the  number 
of  people  in  the  United  States,  but  in  addition  to  this,  very 
many  important  facts  concerning  the  nationality,  education, 
occupations  and  general  prosperity  of  the  people,  are  ob- 
tained by  the  census-takers.     Nearly  all  the  states  have  a 


194  IOWA  AND  THE  NATION 

special  census  taken  every  ten  years,  but  so  arranged  that 
it  occurs  five  years  after  the  United  States  census  has  been 
taken.  In  this  way  the  counting  of  the  people  occurs 
every  five  years. 

Number  of  Members.  The  Constitution  does  not  limit 
the  membership  of  the  house  of  representatives.  At  first 
there  were  sixty-five  members,  on  the  estimated  basis  of 
one  representative  for  every  30,000  inhabitants  of  the  coun- 
try, but  so  rapid  has  been  the  growth  of  the  United  States 
in  population,  that  there  are  now  seven  times  as  many  rep- 
resentatives as  there  were  in  the  first  congress,  and  the 
ratio  of  representation  is  seven  times  as  great  as  it  was  at 
first. 

Ratio  of  Representation.  The  first  census  of  the  people 
of  the  United  States  was  taken  in  1790,  and  one  has  been 
taken  the  last  year  of  each  regular  decade  since  that  time. 
At  the  first  session  of  congress  after  the  census  had  been 
taken,  a  committee  was  appointed  to  decide  upon  the  num- 
ber of  representatives  in  congress  for  the  next  ten  years. 
The  number,  at  present  is  435.  The  ratio  of  representation 
is  found  by  dividing  the  number  representing  the  popula- 
tion of  all  the  states,  exclusive  of  the  territories  and  the 
District  of  Columbia,  by  the  number  representing  the  mem- 
bership of  the  house  of  representatives.  The  ratio  fixed  in 
1913   is  one   representative   for  every  212,407  inhabitants. 

Each  State  Represented.  It  is  also  provided  that  each 
state  shall  have  at  least  one  representative.  Should  new 
states  be  admitted  before  the  next  census  is  taken,  the 
number  of  representatives  will  be  increased  accordingly. 

Representatives  at  Large.  Some  of  the  small  states  and 
some  of  the  newer  states  have  only  a  sufficient  number  of 
inhabitants  to  allow  them  one  representative.  In  such 
states  the  entire  state  constitutes  the  congressional  district 
and  the  representative  may  be  known  as  a  "representative 


THE  LEGISLATIVE  BRAXCH  195 

at  large"  since  he  represents  the  state  as  a  whole.  This 
term,  however,  is  more  appropriately  applied  to  those 
additional  representatives  allowed  a  state  at  a  new  ap])or- 
tionment,  and  elected  before  the  legislature  lias  time  to 
re-district  the  state. 

These  additional  representatives  are  chosen  by  the  voters 
of  the  entire  state.  Some  states  prefer  to  allow  these  repre- 
sentatives to  continue  in  this  relation,  leaving  the  numljer 
of  congressional  districts  as  fixed  by  a  previous  apportion- 
ment. In  the  Sixty-fourth  Congress  Pennsylvania  had  four 
representatives  at  large  and  Illinois  two. 

Slavery.  At  the  time  of  the  adoption  of  the  Constitution, 
slavery  existed  in  nearly  all  of  the  states.  There  were 
several  members  of  the  convention  who  were  bitterly 
opposed  to  slavery,  and  they  wished  to  have  nothing  done  by 
the  convention  to  encourage  it.  It  was  decidefl  that  neither 
slaves  nor  slavery  should  be  mentioned  in  the  Constitution, 
and  the  evasive  language,  "three-fifths  of  all  other  persons," 
was  used  to  determine  the  political  standing  of  slaves  in 
fixing  the  basis  of  representation. 

Clause    4. — J^acancies 

When  vacancies  happen  in  the  representation  from  any 
state,  the  executive  authority  thereof  shall  issue  merits  of 
election  to  fill  such  z'acancies. 

Vacancies  in  office  may  occur  by  the  death,  resignation, 
or  removal  of  the  incumbent.  When  a  vacancy  occurs  in 
the  representation  from  any  state,  the  governor,  or  acting 
executive,  issues  a  proclamation  to  the  voters  of  the  con- 
gressional district  in  which  the  vacancy  exists,  directing 
them  to  meet  at  a  specified  time,  for  the  purpose  of  electing 
a  representative  to  fill  the  vacancy.    The  day  for  this  special 


196  IOWA  AND  THE  NATION 

election  is  named  in  the  proclamation,  and  it  is  the  same 
/or  all  counties  in  the  congressional  district. 

Clause  5. — House  Powers 

The  house  of  representatives  shall  choose  their  speaker 
and  other  officers,  and  shall  have  the  sole  pozver  of  impeach- 
ment. 

House  Officers.  Speaker.  The  right  of  the  house  of 
representatives  to  choose  its  own  officers  is  a  proper  one. 
It  is  customary  for  all  deliberative  bodies  to  do  this,  although 
a  notable  exception  seems  to  exist  in  the  election  of  the 
vice-president  to  preside  over  the  senate.  The  speaker  of 
the  house  is  always  chosen  from  its  own  members,  but  the 
other  officers  are  not.  The  speaker  is  the  chief  officer  of 
the  house,  and  it  is  his  duty  to  preside  over  the  deliberations 
of  that  body. 

He  is  also  required  to  keep  order,  decide  points  of  parlia- 
mentary usage  in  debate,  and  in  the  conduct  of  the  business 
of  the  house,  and  to  sign  all  bills  passed  by  the  house. 

Clerk.  Next  to  the  speaker  the  clerk  is  the  most  important 
officer  of  the  house.  He  also  keeps  a  record  of  the  proceed- 
ings of  the  house  from  day  to  day,  in  a  book  called  the 
Journal;  also  a  record  of  all  aye  and  nay  votes.  He  has 
several  assistants,  to  each  of  whom  is  assigned  a  branch  of 
the  work  in  charge  of  the  clerk.  The  clerk  is  not  chosen 
from  among  the  representatives,  and  one  of  his  most 
important  duties  is  to  call  the  new  house  to  order  and 
preside  until  a  speaker  is  chosen.  When  this  is  accomplished 
his  term  of  office  expires. 

Sergeant-at-Arms.  The  sergeant-at-arms  is  the  marshal, 
or  police  officer,  of  the  house,  and  it  is  his  duty  to  see  that 
the  rules  relating  to  the  conduct  of  its  members  are  strictly 


THE  LEGISLATIVE  BRANCH  197 

obeyed.  He  is  sometimes  sent  to  bring  absent  members 
to  attend  the  sessions  of  the  house,  and  his  summons 
places  the  persons  under  arrest. 

During  a  session  of  the  house,  the  sergeant-at-arms  sits 
facing  its  members  to  see  that  good  order  is  maintained. 
Whenever  any  disturbance  arises  among  the  members,  he 
takes  the  mace,  which  is  the  symbol  of  his  authority,  and 
carries  it  at  once  to  the  scene  of  the  disorder.  The  pres- 
ence of  the  mace  is  a  warning  to  the  offenders  to  stop  the 
disturbance,  or  run  the  risk  of  severe  punishment,  and  even 
expulsion.  The  sergeant-at-arms  also  draws  the  warrants 
for  the  payment  of  salaries  of  members,  and  sees  that  each 
member  receives  the  amount  due  him. 

Doorkeeper.  The  doorkeeper  admits  members  and  all 
other  persons  privileged  to  seats  in  the  hall  of  representa- 
tives. He  also  has  charge  of  the  furniture  of  the  main  hall 
and  galleries,  and  is  responsible  for  the  proper  care  of  the 
same. 

Postmaster.  A  postmaster  is  appointed  for  the  house  of 
representatives,  and  a  special  postoffice  is  kept  for  the  con- 
venience of  members.  A  chaplain  is  also  one  of  the  regular 
officers  of  the  house,  and  it  is  his  duty  to  open  the  session 
each  day  with  devotional  exercises.  Certain  minor  officers 
are  appointed  as  they  are  needed,  and  they  serve  during  the 
pleasure  of  the  house.  Each  of  the  principal  officers 
appoints  his  own  assistants,  and  is  responsible  for  the  faith- 
ful discharge  of  their  duties. 

Section   III.     The  Senate 

Clause   I. — Composition 

The  senate  of  the  United  States  shall  he  composed  of  two 
senators  from  each  state,  chosen  by  the  legislature  thereof, 
for  six  years;  and  each  senator  shall  have  one  vote. 


198  IOWA  AxND  THE  NATION 

Objections  to  Senate.  The  senate  was  a  subject  of 
great  dispute  among  the  members  of  the  Constitutional  Con- 
vention. Some  members  saw  no  necessity  for  two  houses 
of  congress,  and  others  feared  that  the  plan  of  having  two 
houses,  with  different  qualifications  required,  would  soon 
develop  into  a  legislature  closely  resembling  the  British 
parliament.  Some  of  the  larger  states  wished  to  have  the 
senate  a  less  numerous  branch  than  the  house,  but  they 
insisted  that  the  membership  should  be  based  upon  popula- 
tion. Two  or  three  representative  districts  might  be  united 
to  form  one  district  for  the  election  of  a  senator,  it  was 
urged ;  but  the  smaller  states  would  not  listen  to  this,  and 
it  was  not  until  equal  representation  of  the  states  was 
agreed  to  for  the  senate,  that  the  smaller  states  consented 
to  enter  the  Union. 

Political  Representatives.  The  senate  is  supposed  to 
represent  the  states  in  a  political  capacity.  The  member- 
ship can  never  be  as  large  as  that  of  the  house.  As  there 
are  now  48  states  in  the  Union,  it  follows  that  there  are 
96  senators  in  congress. 

Several  methods  of  electing  senators  were  proposed  in 
the  Constitutional  Convention,  but  it  was  finally  decided  that 
they  should  be  elected  by  the  state  legislatures.  As  the 
country  increased  in  wealth  and  population  this  method 
led  to  many  abuses.  In  1912  Congress  adopted  an  amend- 
ment to  the  Constitution  providing  for  direct  election  of 
senators  by  the  people  and  this  amendment  was  ratified  by 
the  states  in  1913. 

Term.  The  term  of  senators  is  fixed  by  the  Constitu- 
tion at  six  years.  This  gives  permanency  to  the  ofifice  of 
senator,  and  was  supposed  to  remove  it  from  the  field  of 
politics. 

J^ote.  Under  the  confederation,  each  state  had  but  one 
vote,  no  matter  how  many  delegates  it  had  in  the  congress. 


TNI'  Li:(;isLA'ri\'F.  i'.ranxii  199 


This  method  of  votinjj  was  not  satisfactory,  and  a  chan^je 

was   made   so 

independently. 


was   made   so   as   to   give   each   member   the    right   to   vote 


Clause  2. — Classification  and  Vacancies 

Imtncdiatcly  after  they  shall  be  assembled  in  consequence 
of  the  first  election,  they  shall  be  divided,  as  equally  as 
may  be,  into  three  classes.  The  seats  of  the  senators  of 
the  first  class  shall  be  I'ocated  at  the  expiration  of  the  sec- 
ond year;  of  the  second  class,  at  the  expiration  of  the  fourth 
year;  and  of  the  third  class,  at  the  expiration  of  the  sixth 
year;  so  that  one-third  may  be  chosen  every  second  year, 
and  if  vacancies  happen  by  resignation,  or  otJierzvise,  dur- 
ing the  recess  of  the  legislature  of  any  state,  the  executive 
thereof  may  make  temporary  appointments  until  the  next 
meeting  of  the  legislature,  which  shall  tlien  fill  such 
vacancies. 

Purpose.  This  clause  of  the  Constitution  was 
inserted  for  the  purpose  of  making  the  senate  a  perpetual 
body.  All  the  members  of  the  house  of  representatives  may 
be  changed  at  any  general  election  of  those  officers, 
because  they  are  all  chosen  at  the  same  time.  With  the 
organization  of  a  new  congress,  however,  only  one-third  of 
the  number  of  senators  can  be  changed,  unless  some  have 
been  chosen  to  fill  vacancies.  At  all  times,  one-third  of 
all  the  senators  have  served  at  least  two  years,  and  another 
third,  at  least  four  years. 

Classes.  The  division  of  senators  into  the  three  classe's 
designated  in  the  Constitution  was  made  at  the  first  session 
of  congress.  At  that  time,  only  ten  of  the  states  were 
represented  in  the  senate,  and  consequently  there  were  only 
twenty  senators  to  be  separated  into  classes.     It  is  custom- 


200  IOWA  AND  THE  NATION 

ary  to  speak  of  the  thirteen  original  states,  but  there  were 
six  years.  The  terms  of  senators  from  a  new  state  serves 
only  eleven  states  in  the  Union,  when  the  government  was 
organized,  March  4,  1789.  North  Carolina  ratified  the 
Constitution  November  21,  1789,  and  Rhode  Island,  May 
29,  1790.  At  the  time  the  senators  were  classified.  New 
York  had  not  chosen  her  senators,  and  thus,  as  stated  above, 
there  were  only  ten  states  represented  in  the  senate. 

First  Congress.  In  separating  the  senators  into  classes, 
a  committee  that  had  been  appointed  for  the  purpose  ar- 
ranged the  names  on  three  slips  of  paper,  one  contain- 
ing six  names,  and  the  other  two,  seven  each.  Care  was 
taken  in  arranging  the  names  so  that  the  two  senators  from 
any  state  were  assigned  to  separate  lists.  It  was  agreed 
that  these  lists  were  to  be  drawn  from  a  box  in  which  they 
had  been  placed,  and  the  senators  named  in  the  first  list 
drawn  were  to  serve  for  two  years.  Those  in  the  second 
list  were  to  serve  four  years,  and  those  in  the  third  list, 
for  the  full  senatorial  term  of  six  years. 

New  Members.  As  new  states  have  come  into  the  Union, 
their  senators  have  been  assigned  to  the  classes  having 
the  fewest  members.  On  this  account  it  sometimes  happens 
that  neither  of  the  senators  from  a  new  state  serves  for 
six  years.  The  terms  of  senators  from  a  new  state  are 
decided  by  lot,  and  are  known  as  the  long  and  short  term. 
The  senate  is  now  composed  of  96  members  and  is  separated 
into  three  groups  of  32  members  each. 

Clause  J. — Qualifications 

No  person  shall  he  a  senator  zvho  shall  not  have  attained 
to  the  age  of  thirty  years,  and  been  nine  years  a  citizen 
of  the  United  States,  and  zvho  shall  not,  zvhen  elected,  be 
an  inhabitant  of  that  state  for  ivhich  he  shall  be  chosen. 


THE  LEGISLATIVE  BRANCH  201 

It  was  admitted  by  all  members  of  the  Constitutional 
Convention  that  the  qualifications  of  senators  should  be 
higher  than  those  of  representatives.  The  minimum  age 
is  five  years  higher,  and  the  length  of  time  of  citizenship, 
two  years  longer.  The  clause  relating  to  inhabitancy  is 
the  only  one  that  may  be  subject  to  abuse.  While  a  senator 
at  the  time  of  his  election  must  be  an  inhabitant  of  the 
state  from  which  he  is  chosen,  he  may  at  any  time  remove 
to  some  other  state  and  continue  to  serve  as  senator  from 
the  state  that  elected  him. 

As  the  senate  acts  with  the  president  in  making  treaties 
wnth  other  nations,  the  first  two  qualifications  named  seem 
all  the  more  necessary. 

Clause  4. — Presiding  Officer 

The  vice-president  of  the  United  States  shall  he  presi- 
dent of  the  senate,  but  shall  have  no  vote,  unless  they  be 
equally  divided. 

Vice-President.  There  was  much  objection  made  to 
the  election  of  a  vice-president,  and  it  is  doubtful  whether, 
or  not,  the  office  would  have  been  created,  had  not  some 
member  of  the  convention  suggested  that  the  vice-president 
should  serve  as  president  of  the  senate,  ex-officio. 

General  Provisions.  The  work  of  presiding  over  the 
senate  would  qualify  the  vice-president  for  the  more  im- 
portant position,  should  he  be  called  upon  to  perform  the 
duties  of  president.  He  is  not  allowed  to  vote,  except  in 
case  of  equal  division  of  the  senate  upon  any  question 
under  consideration,  because  his  vote  might  seem  to  increase 
the  political  influence  of  the  state  from  which  he  was 
elected.  That  state  would  have  three  votes  in  the  senate 
instead  of  two,  and  to  prevent  this,  the  vice-president  is 


202  IOWA  AND  THE  NATION 

not  permitted  to  vote  except  as  above  stated.  Because 
there  is  always  an  even  number  of  senators,  it  seems  neces- 
sary for  the  presiding  officer  to  have  the  casting  vote  in 
case  of  an  equal  division  of  the  senate,  in  order  to  prevent 
what  is  known  in  political  language  as  a  "dead  lock."  The 
vice-president  takes  no  part  in  the  discussions  of  the  sen- 
ate, nor  does  he  appoint  any  of  the  regular  committees  of 
that  body. 

Clause  5. — Other  Officers 

The  senate  shall  choose  their  other  officers,  and  also  a 
president  pro  tempore,  in  the  absence  of  the  vice-president, 
or  ivhen  he  shall  exercise  the  office  of  the  president  of  the 
United  States. 

The  other  officers  of  the  senate  are  a  president  pro  tem- 
pore, a  secretary,  sergeant-at-arms,  chaplain,  librarian  and 
postmaster. 

President  Pro  Tempore.  The  president  pro  tempore 
is  chosen  by  the  senate  from  among  its  own  members.  As 
a  rule,  the  position  is  an  honorary  one,  as  he  is  not  often 
called  upon  to  preside  over  the  senate  for  any  length  of 
time.  When  the  vice-president  succeeds  to  the  presidency, 
the  president  pro  tempore  presides  at  all  the  sessions  of  the 
senate,  and  he  then  receives  the  same  salary  as  the  vice- 
president. 

Clause  6. — Impeachment 

The  senate  shall  have  the  sole  power  to  try  all  impeach- 
ments. When  sitting  for  that  purpose,  they  shall  he  on 
oath  or  affirmation.  When  the  president  of  the  United 
States  is  tried,  the  chief  justice  shall  preside ;  and  no  person 
shall  he  convicted  zvithout  the   concurrence   of  two-thirds 


THE  LEGISLATIVE  BRAXXII  203 

of  the  members  present.  Judgment  in  ease  of  inipeqelimenf 
shall  not  extend  further  than  to  removal  fro^n  offiee,  and 
disqualification  to  hold  and  enjoy  aiiy  office  of  honor,  trust, 
or  profit,  under  the  United  States,  but  the  party  convicted 
shall,  nevertheless,  he  liable  and  subject  to  indictment,  trial, 
judgment,  and  punishment,  according  to  laiv. 

Impeachment.  The  house  of  representatives  is  given 
the  sole  power  of  impeachment.  An  impeachment  is  a 
charge  preferred  against  a  pubHc  officer,  accusing  him  of 
having  committed  high  crimes  and  misdemeanors,  or  of 
having  violated  his  oath  of  office.  An  impeachment  is  in 
the  nature  of  an  indictment  brought  by  a  grand  jury.  It 
does  not  determine  the  guilt,  or  innocence,  of  the  accused, 
but  it  requires  him  to  submit  to  an  investigation  of  the 
charges  before  a  proper  court. 

Who  May  be  Impeached.  The  Constitution  does  not 
designate  all  the  officers  that  are  liable  to  impeachment. 
The  president,  vice-president,  judges  of  the  supreme  and 
inferior  courts,  and  members  of  the  president's  cabinet 
are  among  the  officers  that  are  considered  subject  to  impeach- 
ment. 

Nature  of  Impeachment  Cases.  It  must  be  borne  in 
mind  that  impeachment  is  only  a  formal  accusation.  Presi- 
dent Johnson  was  regularly  impeached  by  the  house  of 
representatives,  in  1868,  but  he  was  not  convicted.  Three 
U.  S.  district  judges,  one  associate  justice  of  the  Supreme 
Court,  one  cabinet  officer,  and  one  judge  of  the  commerce 
court,  have  also  been  impeached,  but  only  four  of  these 
were  convicted  and  removed  from  office. 

Court  of  Impeachment.  As  stated  elsewhere,  the  house 
of  representatives  has  the  sole  power  of  impeachment, 
but  when  a  public  officer  has  been  impeached,  lie  is  obliged 
to  appear  before  the  senate  to  answer  to  the  charges  that 


204  IOWA  AND  THE  NATION 

have  been  preferred  against  him.  When  trying  a  case  of 
impeachment,  the  senate  is  organized  as  a  court,  and  each 
senator  is  obUged  to  take  an  oath  (or  affirmation)  that  he 
win  try  the  case  fairly. 

Impeachment  of  President.  When  the  president  of  the 
United  States  is  tried,  the  chief  justice  of  the  Supreme  Court 
presides.  This  is  done  to  secure  impartial  rulings  on  the 
part  of  the  presiding  officer.  It  was  thought  advisable  to 
make  this  provision,  as  the  vice-president,  who  is  first  in 
the  line  of  succession  to  the  presidency,  might  be  unduly 
interested  in  securing  the   removal  of  the  president. 

Conviction,  The  trial  of  a  public  officer  on  impeachment 
is  a  very  grave  matter,  and  it  is  certainly  a  safe  plan  to 
require  a  two-thirds  vote  of  the  senators  present  to  con- 
vict a  person  who  has  been  impeached. 

Punishment.  The  powers  of  the  senate  to  punish  a 
public  officer  on  impeachment  are  limited  to  removing  him 
from  office  and  declaring  him  to  be  forever  disqualified  to 
hold  and  enjoy  any  position  of  honor,  trust,  or  profit,  under 
the  government  of  the  United  States.  But  any  person  so 
convicted  is  liable  to  punishment  by  due  process  of  law, 
for  any  crime  committed  or  wrong  done,  the  same  as 
though  the  impeachment  and  trial  had  not  occurred. 

Section  IV.     Elections  and  Meetings 

Clause  I. — Elections  to  Congress 

The  times,  places,  and  manner  of  liolding  elections  for 
senators  and  representatives  shall  be  prescribed  in  each 
state  by  the  legislature  thereof;  but  the  congress  ma,y  at 
any  time  by  la%v  make  or  alter  such  reg.ulations,  except  as 
to  the  places  of  choosing  senators. 

This  clause  explains  itself.  In  the  absence  of  any  action 
by  congress  the  time,  place,  and  manner  of  electing  mem- 


THE  LEGISLATIVE  BRANXTT  205 

bers  of  congress  is  left  to  the  states.  In  1842,  congress 
passed  a  law  providing  for  the  separation  of  states  into 
congressional  districts  for  the  election  of  representatives, 
and  by  another  law,  that  went  into  effect  in  1876,  the  time 
of  the  election  of  representatives  is  fixed  for  the  Tuestlay 
after  the  first  Monday  in  November  in  each  even-numbered 
year.  This  law  was  intended  to  be  uniform  in  all  the  states, 
but  in  some  of  the  older  states  the  time  of  the  election  of 
representatives  was  fixed  by  the  state  constitution  before 
the  law  of  congress  was  passed.  Most  of  these  states, 
however,  have  since  changed  the  date  of  holding  their  elec- 
tions to  conform  with  the  date  specified  in  the  Constitution. 
The  adoption  of  the  XVIIth  Amendment  repealed  the  por- 
tion of  this  clause  that  refers  to  the  election  of  senators. 

Clause  2. — Meetings 

The  congress  shall  assemble  at  least  once  in  evei\y  year, 
and  such  meeting  shall  be  on  the  first  Monday  in  December, 
unless  they  shall  by  knv  appoint  a  different  day. 

Although  the  term  of  members  of  congress  begins  on  the 
fourth  day  of  March  in  the  odd-numbered  years,  the  regu- 
lar annual  session  does  not  convene  until  the  first  Monday 
in  December,  Congress  has  never  exercised  the  privilege 
of  appointing  a  different  day  than  the  one  fixed  by  the 
Constitution.  The  president  may  call  an  extra  session  of 
congress  at  any  time,  and  very  often  the  first  session  of 
congress  lasts  five  or  six  months. 

Section  V.     Separate  Powers  and  Duties 
Clause  I. — Membership.     Quorum 

Each  house  shall  be  the  judge  of  the  elections,  returns, 
and  i]ualificatio]is  of  its  oicn  members,  and  a  majority  of 


206  IOWA  AND  THE  NATION 

each  shall  constitute  a  quorum  to  do  business;  but  a  smaller 
number  may  adjourn  from  day  to  day,  and  may  be  author- 
i:;cd  to  compel  the  attendance  of  absent  members,  in  such 
manner  and  under  such  penalties,  as  each  house  may  provide. 

Why  Necessary.  The  first  clause  of  the  above  para- 
graph is  reasonable  as  well  as  necessary.  The  qualifications 
of  representatives,  their  election,  and  the  manner  in  which 
the  returns  of  election  are  made,  dififer  from  those  of  sen- 
ators. Each  house  is  directly  interested  in  the  qualifications 
and  proper  choice  of  its  own  members,  and  no  better  plan 
than  the  one  given  could  have  been  adopted. 

Quorum.  In  the  transaction  of  business  connected  with 
law-making,  it  would  have  been  manifestly  unfair  to  give 
the  power  to  make  laws  to  any  smaller  number  than  a 
majority  of  all  the  members.  When  it  happens  that  a 
smaller  number  than  a  quorum  is  present  at  the  opening  of 
any  session,  those  present  may  adjourn  to  the  following 
day.  They  may,  if  they  choose,  direct  the  sergeant-at-arms 
to  summon  absent  members  and  compel  their  attendance. 
This,  however,  can  not  be  done  unless  there  are  present  at 
least  fifteen  members  to  order  it.  When  there  are  less  than 
fifteen  members  present  at  the  opening  of  a  session,  they 
adjourn. 

Absence.  No  member  has  a  right  to  be  absent  from 
a  session  unless  he  is  sick  or  excused.  When  a  member  is 
brought  in  by  the  sergeant-at-arms,  he  is  required  to  give 
an  excuse  for  his  absence,  and  some  very  amusing  scenes 
often  occur  ?t  such  times. 

Clause  2. — Discipline 

Each  house  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behavior,  and  with  the 
concurrence  of  tzvo-thirds,  expel  a  member. 


TI-IE  LEGISLATIVE  BRANXII  207 

Rules.  F.ach  house  of  congress  has  adopted  a  list  of 
rules  relating  to  its  organization,  the  j^rivileges  of  memhers, 
the  duties  of  its  officers,  the  rules  governing  debate,  and 
many  other  items  of  special  interest.  It  has  been  found 
necessary  for  each  house  to  punish  some  of  its  members 
for  disorderly  conduct,  and  some  members  of  each  house 
have  been  expelled. 

Clause  J. — Publicity 

Each  house  shall  keep  a  journal  of  its  proceedings,  and, 
from  time  to  time,  publish  the  same,  excepting  such  parts  as 
may,  in  their  judgment,  require  secrecy;  and  the  yeas  and 
nays  of  the  members  of  either  house,  shall  at  the  desire  of 
one-fifth  of  those  present,  be  entered  on  the  journal. 

Journal.  The  journal  kept  by  each  house  contains  a 
complete  record  of  all  its  proceedings  from  day  to  day. 
This  record  is  read  at  the  opening  of  the  next  day's  session, 
and  such  corrections  are  made  as  are  found  necessary.  The 
journal  is  read  and  approved  by  the  presiding  officer  before 
it  is  submitted  to  the  house. 

If,  at  any  time,  the  public  safety  seems  to  demand  that  any 
part  of  the  proceedings  of  either  house  shall  be  kept  secret, 
such  part  is  not  published.  At  other  times,  the  proceedings  of 
both  houses  of  congress  are  given  in  full  in  the  journal, 
which  is  published  as  often  as  may  seem  necessary.  Usually 
a  synopsis  of  the  proceedings  of  congress  from  day  to  day 
may  be  had  from  the  daily  newspapers. 

Voting.  The  usual  method  of  voting  I'iz'a  voce  is  quite 
a  simple  one,  and  the  presiding  officer  can  generally  tell  by 
the  sound  of  the  voices  whether  the  motion  is  carried  or 
lost.  If  he  is  in  doubt  as  to  the  result,  he  calls  upon  those 
who  vote  in  the  affirmative  to  rise  from  their  seats  to  be 


208  IOWA  AND  THE  NATION 

counted,  and  afterwards  those  voting  in  the  negative.  If 
the  presiding  officer  is  still  in  doubt,  or  if  a  count  is 
requested  by  at  least  one-fifth  of  a  quorum,  he  appoints  two 
tellers,  one  from  each  side,  to  count  the  votes.  This  method 
is  called  voting  by  tellers. 

Yeas  and  Nays.  The  process  of  voting  by  yeas  and  nays 
is  longer  than  the  others,  and  it  is  sometimes  resorted  to  by 
a  minority  to  hinder  legislation.  Under  the  rule  fixed  by 
the  Constitution,  the  yeas  and  nays  may  be  entered  on  the 
journal,  whenever  it  is  requested  by  one-fifth  of  the  mem- 
bers present. 

Roll  Call.  In  voting  by  yeas  and  nays,  the  names  of  the 
members  are  called  in  alphabetical  order.  As  each  one's 
name  is  called,  he  announces  his  vote.  When  the  roll  has 
been  completed,  the  list  is  again  read  with  the  record  of 
each  vote,  for  the  purpose  of  correcting  errors,  if  any  have 
been  made.  The  use  of  this  method  of  voting  to  delay 
legislation  is  called  "filibustering." 

Clause  /. — A djourmnent 

Neither  house,  during  the  session  of  congress,  shall  with- 
out the  consent  of  the  other,  adjourn  for  more  than  three 
days,  nor  to  any  other  place  than  that  in  which  the  tivo 
houses  shall  be  sitting,. 

This  clause  was  inserted  in  the  Constitution  to  satisfy 
those  members  of  the  convention  who  were  opposed  to  hav- 
ing two  houses  of  congress.  One  house  has  not  the  power 
to  adjourn  for  an  indefinite  period  for  the  purpose  of  pre- 
venting legislation  to  which  its  members  may  be  opposed. 
The  language  of  the  clause  is  so  explicit  as  to  require  little 
explanation.  Should  both  houses  fail  to  agree  upon  a  time 
of  adjournment,  they  may  be  adjourned  by  proclamation  of 
the  president,  but  this  has  never  been  found  necessary. 


THE  LEGISLATIVE  BRA.\X"H  20'; 

Section  VL     Members 

Clause  I. — Prk'Ucges 

The  senators  and  representatives  shall  reeeivc  a  competi- 
sation  for  their  serziees,  to  he  ascertained  by  law,  and  paid 
out  of  the  treasury  of  the  United  States.  They  shall  in  all 
cases,  except  treason,  felony,  and  breach  of  the  peace,  be 
privileged  from  arrest  during,  their  attendance  at  the  session 
of  their  respective  houses,  and  in  going  to  and  returuiiui 
from  the  same;  and  for  any  speech  or  debate  in  either  house. 
they  shall  not  be  questioned  in  any  other  place. 

Salary.  The  salary  of  senators  and  rei)resentatives  is 
fixed  by  law  at  $7,500  a  year.  Franklin  and  a  few  other 
members  of  the  Constitutional  Convention  were  opposed  to 
paying  members  of  congress  any  salary,  but  they  were  over- 
ruled. At  first,  the  salary  of  members  of  congress  was 
fixed  at  six  dollars  a  day,  and  thirty  cents  a  mile  for  travel- 
ing expenses.  Several  changes  were  made  before  the 
present  limit  was  reached.  The  salary  of  the  speaker  is 
fixed  at  $12,000  a  year. 

Stationery.  Mileage.  In  addition  to  the  salary  named, 
each  member  receives  $125  for  stationery,  and  an  allowance 
of  twenty  cents  a  mile  for  traveling  expenses.  Mileage  is 
computed  upon  the  nearest  route  usually  traveled  in  going 
to  and  returning  from  the  seat  of  government.  The  allow- 
ance for  stationery  and  mileage  is  made  for  each  session 
of  congress,  regular  and  special.  The  mileage  is  paid  on 
the  first  day  of  the  session  of  congress  to  those  who  are 
present,  and  to  other  members  as  soon  as  they  arrive  after 
the  beginning  of  the  session.  Stationery  is  furnished  at 
cost,  but  any  member  may  draw  his  allowance  for  stationery 
in  money,  if  he  chooses. 


210  IOWA  AND  THE  NATION 

Freedom  from  Arrest.  The  privilege  of  freedom  from 
arrest,  except  in  the  cases  specified,  is  a  wise  provision.  If 
it  were  not  for  this  right,  persons  desirous  of  preventing 
certain  legislation  might  cause  the  arrest  of  members  on 
false  or  trifling  charges,  and  thus  prevent  them  from  attend- 
ing to  their  duties  as  congressmen. 

Freedom  of  Speech.  The  freedom  of  speech  guar- 
anteed in  debate  is  for  the  purpose  of  permitting  members  to 
speak  freely  and  plainly  upon  any  subject  under  discussion  in 
the  process  of  law-making.  This  does  not  prevent  either 
house  from  adopting  rules  to  govern  members  in  debate. 
It  is  intended  to  prevent  members  from  being  arrested  on 
a  charge  of  slander  for  anything  they  may  have  said  in 
debate. 

Clause  2. — Prohibitions 

No  senator  or  representative  shall,  during  the  time  for 
ivhich  he  was  elected,  he  appointed  to  any  civil  office  under 
the  authority  of  the  United  States,  which  shall  have  been 
created,  or  the  emoluments  whereof  shall  have  been 
increased  during  such  time;  and  no  person  holding  any 
office  under  the  United  States,  shall  be  a  member  of  either 
house  during  his  continuance  in  office. 

If  it  were  not  for  this  clause  of  the  Constitution,  ofifices 
might  be  created  by  congress,  and  large  salaries  provided, 
and  these  offices  given  to  the  members  of  congress  who  had 
been  instrumental  in  bringing  about  the  passage  of  the  law. 
An  ofiice  with  a  large  salary  and  permanent  in  tenure  would 
be  a  constant  temptation  to  some  members,  and  resigna- 
tions would  be  very  common  in  congress,  instead  of  very 
rare,  as  at  present. 


THE  LEGISLATIVE  BRAXCIT  211 

Section  \'I1.     Making  Laws 

Clause  I. — Rcvoinc  Bills 

All  bills  for  raisiiu/  rr:r)iiir  shall  originate  in  the  house 
of  representatives,  but  the  senate  may  propose  or  concur 
with  amendments,  as  on  other  bills. 

This  is  a  plan  borrowed  from  England.  In  jiarlianicnt, 
all  bills  relating  to  taxation  originate  in  the  lower  hcxise. 
It  was  thought  wise  to  place  the  right  to  propose  measm-es 
for  raising  revenue  in  the  hands  of  representatives,  because 
they  are  nearer  the  peoi)le,  in  a  sense,  than  senators  are. 

The  provision  really  has  but  little  force,  because  after  a 
revenue  bill  has  been  acted  upon  by  the  house,  it  becomes 
the  property  of  the  senate,  and  may  be  disposed  of  by  that 
body,  in  the  same  manner  as  any  other  bill. 

Clause  2. — Mode   of  Making  Lazvs 

Every  bill  which  shall  have  passed  the  house  of  repre- 
sentatives and  the  senate,  shall,  before  it  becomes  a  lazv,  be 
presented  to  the  president  of  the  United  States;  if  he 
approve,  he  shall  sign  it;  but  if  not,  he  shall  return  it,  with 
his  objections,  to  that  house  in  z^'hich  it  shall  have  originated, 
zvho  shall  enter  the  objections  at  large  on  their  journal, 
and  proceed  to  reconsider  it.  If,  after  such  reconsider- 
ation, tzvo-thirds  of  that  house  shall  agree  to  pass  the  bill, 
it  shall  be  sent,  together  with  the  objections,  to  the  other 
house,  by  zvhich  it  shall  likezvise  be  considered,  and,  if 
approved  by  tzvo-thirds  of  that  house,  it  shall  become  a  laze. 
But  in  all  such  cases  the  votes  of  both  houses  shall  be  deter- 
mined by   yeas    and   ju^ys,   and   the   names   of   the   persons 


212  IOWA  AND  THE  NATION 

voting  for  and  against  the  bill  shall  be  entered  on  the  jour- 
nal of  each  house,  respectively.  If  any  bill  shall  not  be 
returned  by  the  president  within  ten  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him,  the 
same  shall  be  a  law,  in  like  manner  as  if  he  had  signed  it, 
unless  the  congress,  by  their  adjournment,  prevents  its 
return,  in  ivhich  case  it  shall  not  be  a  laiv. 

Law  Making.  The  making  of  laws  is  the  most 
important  work  of  congress,  and  the  greater  part  of  each 
session  is  devoted  to  it.  For  the  purpose  of  facilitating  the 
dispatch  of  business  and  also  to  provide  for  careful  con- 
sideration of  every  measure  presented,  the  members  of  each 
branch  of  congress  are  organized  into  groups  known  as 
standing  committees,  such  as  the  Committee  on  Ways  and 
Means,  the  Committee  on  Naval  Affairs,  the  Committee  on 
Post  Offices,  the  Committee  on  Foreign  Relations,  etc.  The 
house  of  representatives  has  over  50  standing  committees. 

Bills.  A  proposed  law  is  known  as  a  bill.  Any  member 
of  congress  can  introduce  bills  into  the  branch  to  which 
he  belongs ;  that  is,  a  representative  may  introduce  bills 
into  the  house  and  a  senator  into  the  senate. 

How  a  Bill  Becomes  a  Law.  After  the  bill  is  prepared 
the  following  steps  are  necessary  to  enable  it  to  become  a 
law.  Let  us  suppose  that  the  representative  from  your 
district  has  prepared  a  bill.     This  bill  is : 

1.  Introduced  into  the  house  and  read. 

2.  Referred  by  the  speaker  to  the  committee  to  which 
it  belongs. 

3.  Considered  by  the  committee. 

4.  Reported  by  the  committee  back  to  the  house,  where 
it  is  read  the  second  time  (by  title  only)  and  a  date  fixed 
for  its  discussion. 

5.  Read  the  third  time  in  full,  discussed  and  passed. 


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214  IOWA  AND  THE  NATION 

6.  Sent  to  the  senate,  where  it  goes  through  the  same 
process  that  it  has  passed  through  in  the  house. 

7.  Sent  to  the  president,  who  signs  it  and  it  becomes 
a  law. 

Discussions  and  Conferences.  The  course  of  a  bill  as 
here  given  supposes  that  it  will  meet  with  no  opposition, 
as  it  passes  from  one  stage  of  proceedings  to  another,  but 
proposed  legislation  is  seldom  so  fortunate. 

Those  who  favor  and  those  who  oppose  the  bill,  whether 
or  not  they  are  members  of  congress,  have  the  privilege  of 
discussing  the  measure  before  the  committee  to  which  it  is 
referred,  and,  as  a  result  of  these  discussions,  the  bill  may 
be  modified  by  the  committee.  This  may  not  afifect  its 
passage  by  the  house  into  which  it  was  first  introduced. 
But  if  the  senate  committee  modifies  the  bill  after  it  has 
passed  the  house,  it  is  referred  back  to  the  house,  which 
must  concur  in  the  changes  before  the  bill  can  be  sent  to 
the  president. 

In  case  the  house  and  senate  cannot  agree  upon  an 
important  measure,  a  conference  committee,  consisting  of 
senators  and  representatives,  is  appointed  to  reconsider  the 
bill  and  adjust  differences.  The  report  of  this  committee 
is  usually  accepted  by  both  branches  of  congress. 

Action  of  President.  If  the  president  approves  a  bill 
that  has  been  passed  by  both  houses  in  a  proper  manner, 
he  signs  it,  and  it  is  then  a  law.  If  he  does  not  approve  the 
bill,  he  returns  it  to  the  house  in  which  it  originated,  stating 
his  objections  to  it.  Those  objections  are  spread  upon  the 
journal  of  the  house  as  a  part  of  the  permanent  record, 
and  then  the  bill  is  reconsidered. 

Veto  Pozver.  The  refusal  of  the  president  to  sign  a  bill 
is  called  a  veto.  The  veto  power  of  the  president  is  only 
partial,  for  if  each  house  agrees  by  a  two-thirds  majority 


THE  LEGISLATIVE  BRANXH  215 

to  pass  a  bill  after  it  has  been  vetoed  by  the  president,  the 
bill  becomes  a  law,  and  is  of  the  same  force  and  eflfect 
as  though  it  had  not  been  vetoed. 

The  governor  of  each  state  in  the  Union  is  given  the  right 
to  veto  bills  passed  by  the  legislature. 

In  passing  a  bill  over  the  president's  veto,  the  vote  is 
always  taken  by  yeas  and  nays.  This  is  done  to  insure  a 
careful  consideration  of  the  reasons  for  voting  for  or 
against  the  measure.  The  vote  of  each  member  is  recorded, 
and  he  is  thus  put  on  record,  so  that  his  constituents  may 
know  just  how  he  voted. 

Exccntk'e  Neglect.  The  president  sometimes  allows  a 
bill  to  become  a  law  by  the  process  called  "  executive  neg- 
lect." In  this  case,  he  neither  signs  the  bill  nor  vetoes  it 
in  the  regular  way.  If  the  bill  is  not  vetoed  nor  signed  by 
the  president  within  ten  days  from  the  time  it  is  presented 
to  him  (Sundays  excepted),  it  becomes  a  law,  unless  con- 
gress, by  adjournment,   prevents   its   return. 

Pocket  Veto.  If  a  bill  passed  during  the  last  ten  days  of 
a  session  of  congress  is  objectionable  to  the  president,  he 
may  prevent  the  measure  from  becoming  a  law  by  taking 
no  action  upon  it.  This  method  of  defeating  a  bill  is  called 
a  "  pocket  veto." 

Clause  J. — Joint  Resolutions 

Ez'Ci'v  order,  resolution,  or  vote  to  ivhich  the  concurrence 
ofi  the  senate  and  house  of  representatives  may  be  necessary 
(e.rcept  on  a  qucstioti  of  adjournment) ,  shall  be  presented 
to  the  president  of  the  United  States;  and  before  the  same 
shall  take  effect,  shall  be  approved  by  him,  or,  being  dis- 
approved by  him,  shall  be  repassed  by  two-thirds  of  the 
senate  and  house  of  representatiz'es,  according  to  the  rules 
and  limitations  prescribed  iu  the  case  of  a  bill. 


216  IOWA  AND  THE  NATION 

This  clause  was  considered  necessary  in  order  to  pre- 
vent the  congress  from  passing  a  bill  that  the  president 
might  object  to,  and  which  could  not  be  passed  over  his 
veto,  by  simply  changing  it  to  the  form  of  an  order,  or 
resolution. 

Concurrent  Resolution.  A  vote  of  congress  to  do 
something  which  is  not  intended  to  have  the  force  of  law, 
is  called  a  concurrent  resolution,  and  does  not  require  the 
president's  approval. 


CHAPTER  V 

POWERS  OF  CONGRESS 

Section  VI TI 

Clause  I. — Taxation 

Congress  shall  have  pozver: 

To  lay  and  collect  taxes,  ditties,  imposts  and  excises,  to 
pay  the  debts  and  provide  for  the  common  defense  and  gen- 
eral zvelfare  of  the  United  States;  but  all  duties,  imposts 
and  excises  shall  be  uniform  throughout  the  United  States.' 

Taxes.  Under  the  Articles  of  Confederation  there  was 
no  national  treasury.  Congress  had  power  to  recommend 
that  money  be  raised  for  various  purposes,  but  it  could  not 
levy  or  collect  a  single  dollar.  Taxes  are  authorized  by 
the  Constitution  to  be  raised  for  three  purposes,  for  the 
payment  of  debts,  to  provide  for  the  common  defense  and 
to  promote  the  general  welfare  of  the  United  States. 

Direct  Taxes.  Taxes  are  classed  as  direct  and  indirect. 
By  a  clause  of  the  Constitution  already  quoted,  direct  taxes 
must  be  levied  upon  the  several  states  according  to  their 
population.  Direct  taxes,  when  apportioned  to  the  states, 
are  collected  by  the  states,  and  the  amount  is  then  paid 
into  the  United  States  treasury.  Direct  taxes  have  always 
been  unpopular  in  this  country  as  a  means  of  raising  rev- 
enue for  the  general  government,  and  this  method  has  not 
been  resorted  to  except  in  case  of  urgent  necessity. 

217 


218  IOWA  AND  THE  NATION 

In  1861,  a  direct  tax  was  levied  upon  the  states  to  aid  in 
paying  the  expenses  of  the  rebellion,  but  the  amount  of 
money  thus  raised  was  restored  to  the  states  about  twenty 
years  later. 

Direct  taxes  are  levied  upon  the  property  of  individuals, 
or  upon  the  persons  themselves,  regardless  of  property.  A 
tax  on  property,  personal  or  real,  is  called  a  property 
tax,  and  one  on  individuals,  a  poll  or  capitation  tax. 

Income  Tax.  An  income  tax  is  a  tax  levied  on  the  income 
of  individuals  for  the  support  of  the  government.  It  may 
be  levied  directly  upon  the  person  receiving  an  income,  or 
in  the  form  of  a  tax  on  dividends,  interests,  etc.  The  six- 
teenth amendment  to  the  Constitution,  ratified  in  1913, 
legalizes  an  income  tax.  An  income-tax  law  passed  by 
congress  in  1894  was  declared  unconstitutional. 

Indirect  Taxes.  Duties,  imposts  and  excises  are  indirect 
taxes.  They  are  levied  upon  certain  articles  imported  into 
the  country,  and  also  upon  articles,  usually  luxuries,  manu- 
factured in  the  country. 

Duties  are  of  two  kinds — specific  and  ad  valorem.  A 
specific  duty  is  levied  on  goods  without  regard  to  value. 
An  ad  valorem  duty  is  levied  on  goods  at  a  certain  per- 
centage of  their  value  in  the  country  from  which  they  are 
imported. 

Tariff.  A  law  passed  by  congress  to  fix  the  rate  of 
duty  upon  articles  imported  into  the  United  States  is  called 
a  tariff.  The  word  "  tariff  "  is  a  corruption  of  "  Tarifa," 
the  name  of  the  southern  cape  of  Spain.  The  Moors,  dur- 
ing the  Middle  Ages,  held  this  cape,  and  by  means  of  it,  they 
were  able  to  control  the  entrance  to  the  ^lediterranean 
Sea.  The  tribute  they  exacted  from  merchantmen  for 
passing  through  the  Strait  of  Gibraltar  without  molesta- 
tion was  called  a  Tarifa  tax,  or  a  tariff. 

Kinds  of  Tariff.     The  tariff  has  been  a  subject  of  much 


POWF.RS  01-   COXGRESS  210 

dispute  in  the  United  States,  and  upon  it,  political  parties 
have  been  divided  all  through  dur  history.  Two  theories 
have  been  advocatefl — one.  "  a  tariff  for  revenue  only."' 
and  the  other,  "a  tariff'  for  protection."  Those  wlm  fav(.r 
the  first  plan  argue  that  the  tariff  should  l)e  so  regulated 
as  to  help  defray  the  expenses  of  the  government,  and  that 
it  should  be  lowered  or  removed  altogether,  if  the  ex])enses 
can  be  met  in  other  ways. 

A  tariff'  for  protection  is  also  a  tariff'  for  revenue,  but 
in  addition  to  that,  the  burden  of  taxation  is  placed  upon 
those  imported  articles  that  are  likely  to  be  brought  into 
competition  with  the  same  class  of  articles  manufactured 
or  produced  in  this  country. 

Export  Duty  Prohibited.  The  United  States  and  the 
several  states  are  prohibited  from  levying  duties  upon 
exports.  Imposts  are  the  same  as  duties,  or  customs,  and 
this  term  might  have  been  omitted  from  the  Constitution 
without  impairing  the  tax-levying  power  in  any  way. 

Internal  Revenue.  Excises  are  taxes  levied  on  tobacco, 
cigars,  spirituous  and  malt  liquors,  patent  medicines  and 
other  commodities  produced  within  the  country,  according 
to  the  needs  of  the  government.  Many  of  these  taxes  are 
paid  by  stamps  which  the  manufacturer  or  producer  is 
required  to  purchase  of  the  government  and  affix  to  the 
packages  when  they  are  placed  on  the  market.  Sometimes 
stamps  are  required  on  bonds,  deeds,  bills  of  sale,  bills  of 
lading,  etc. 

During  the  Civil  War  internal  revenue  taxes  were  very 
heavy,  but  most  of  them  were  repealed  within  a  few  years 
after  the  close  of  the  war.  Stamp  taxes  were  revived  dur- 
ing the  Spanish-American  War  and  again  in  1*'14.  in  con- 
sequence of  the  loss  of  revenue  from  customs  occasioned 
by  the  war  in  Europe. 

Expenses    of    Government.      In    times    of    peace,    the 


220  IOWA  AND  THE  NATION 

expenses  of  our  government  are  enormous,  and  they  would 
be  very  much  increased  in  case  of  war.  It  now  costs  more 
than  $1,000,000,000  to  pay  the  expenses  of  the  government 
for  a  single  year. 

The  fiscal  year  ends  June  30.  For  the  year  1912-13  the 
total  disbursements  were  $1,010,812,000,  and  the  receipts 
were  about  $4,000,000  in  excess  of  this  amount. 

Debts.  During  the  Civil  W^ar,  the  sources  of  revenue 
were  increased  in  many  ways,  but,  in  spite  of  this,  the  debt 
at  the  close  of  the  war  was  nearly  $3,000,000,000.  A  great 
part  of  this  has  been  paid,  but  the  common  defense  and 
general  welfare  demand  the  outlay  of  large  sums  of  money 
annually.  The  subject  of  taxation  has  always  been,  and 
doubtless  always  will  be,  a  troublesome  one. 

Clause  2. — Borroiving 
To  borrow  money  on  the  credit  of  the  United  States. 

Bonds.  Several  times  in  our  history,  our  government 
has  been  obliged  to  borrow  money  on  its  credit.  At  the 
time  of  the  purchase  of  Louisiana,  in  1803,  there  was  not 
money  enough  in  the  treasury  to  pay  for  it.  Bonds  were 
issued  to  Napoleon,  and  this  was  equivalent  to  borrowing 
money,  for  the  credit  of  the  government  was  pledged  to  the 
redemption  of  the  bonds. 

During  each  of  the  wars  in  which  the  United  States  has 
been  engaged,  the  credit  of  the  nation  has  been  used,  and 
during  the  Civil  War  it  was  taxed  almost  to  the  utmost, 
in  order  to  raise  the  necessary  means  to  carry  on  the  war. 

Clause   ?. — To  regulate  Commerce 

To  regulate  commerce  with  foreign  nations,  and  among 
the  several  states,  and  with  the  Indian  tribes. 


POWERS  OF  CONGRESS  221 

United  States  Commerce.  One  of  the  defects  of  the 
old  government  was  that  congress  had  no  power  to  legis- 
late in  any  way  with  reference  to  commerce.  The  states 
soon  became  jealous  of  each  other,  and  restrictions  were 
often  placed  upon  the  commerce  of  neighboring  states,  for 
no  other  reason  than  that  of  envy  or  jealousy.  Tt  will  be 
remembered  that  the  first  convention  called  after  the  close 
of  the  Revolution  was  for  the  purpose  of  improving  the 
commercial  relations  among  the  states. 

The  foreign  commerce  of  the  United  States  is  very  exten- 
sive, and  it  is  largely  controlled  by  congress.  An  Inter- 
state Commerce  Commission  is  regularly  maintained  l)y  the 
general  government,  for  the  purpose  of  regulating  com- 
merce among  the  states.  The  commerce  with  Indian  tribes 
is  unimportant. 'but  whatever  there  is,  is  under  the  direc- 
tion of  congress.-  The  Department  of  Commerce  and  the 
Interstate  Commerce  Commission  are  important  govern- 
ment agencies  in  regulating  commerce  between  the  states. 

Clause  4. — Naturalkation  and  Bankruptcy 

To  establish  a  uniform  rule  of  naturalization,  and  uni- 
form laivs  on  the  subject  of  bankruptcies  throughout  the 
United  States. 

Naturalization.  Naturalization  is  the  legal  process 
wdiereby  an  alien  may  become  a  citizen  of  the  United  States. 
Power  to  naturalize  aliens  rests  with  the  United  States  cir- 
cuit and  district  courts,  and  all  courts  of  record  having  a 
seal  and  a  clerk  and  jurisdiction  in  actions  in  law  or  equity 
or  both  in  which  the  amount  in  controversy  is  unlimited. 
But  each  court  can  naturalize  only  those  aliens  residing  in 
the  territory  subject  to  its  jurisdiction.  The  process  involves 
two  steps,  declaration  of  intention  and  ])etition  for 
naturalization. 


222  IOWA  AND  THE  NATION 

Declaration  of  Intention.  Any  alien  who  is  a  white  person 
or  of  African  nativity  may  file  a  declaration  of  his  inten- 
tion to  become  a  citizen  of  the  United  States  in  the  clerk's 
office  of  any  court  having  jurisdiction  over  the  place  where 
he  lives.  This  declaration  cannot  be  filed  until  the  alien 
has  reached  the  age  of  18  years.  The  alien  must  declare 
on  oath  that  it  is  bona  fide  his  intention  to  become  a  citizen 
of  the  United  States  and  to  renounce  his  allegiance  to  any 
foreign  state  or  sovereignty  and  especially  to  the  state  or 
sovereign  of  which  he  is  a  subject. 

This  declaration  must  contain  information  as  to  the 
name,  age,  occupation,  time  and  place  of  arrival  in  the 
United  States. 

Petition  for  Naturalisation.  Not  less  than  two  years 
after  an  alien  has  filed  his  declaration  and  after  not  less 
than  five  years  of  continuous  residence  in  the  United 
States,  he  may  file  a  petition  for  citizenship  in  any  one 
of  the  courts  having  power  to  grant  naturalization  and 
having  jurisdiction  over  the  place  in  which  he  resides,  pro- 
vided he  has  lived  one  year  continuously  immediately  prior 
to  filing  such  petition,  in  the  state  or  territory  in  which 
such  place  is  located. 

The  petition  must  be  signed  by  the  petitioner  in  his  own 
handwriting,  and  must  give  his  name,  place  of  residence, 
occupation,  place  and  date  of  birth,  the  place  from  which 
he  emigrated  and  the  date  and  place  of  his  arrival  in  the 
United  States.  This  must  be  accompanied  by  a  certificate 
from  the  Department  of  Labor  showing  the  fact  of  his 
arrival  and  the  date  and  place  of  the  same. 

If  he  is  married,  the  petitioner  must  give  the  name  of  his 
wife  and  if  possible  the  country  in  which  she  was  born, 
and  her  place  of  residence  at  the  time  of  filing  her 
petition. 


POWERS  ni--  COXGRESS  -^^ 


^^o 


If  he  has  children  the  name,  date  and  place  of  l)irth  and 
present   place    of    residence   of   each    living   child   must   he 


given. 


The  i)etitioner  must  declare  an  oath  tliat  he  is  not  a  dis- 
heliever  in  nor  opposed  to  organized  government  or  a  mem- 
her  of  or  affiliated  with  any  organization  or  hody  of  persons 
teaching  dishelief  in  or  opposition  to  organized  govern- 
ment ;  that  he  is  not  a  polygamist  or  a  heliever  in  the  prac- 
tice of  polygamy.  He  must  also  renounce  ahsolutely  and 
forever  all  allegiance  and  fidelity  to  any  foreign  country 
of  which  he  may  at  the  time  of  filing  the  petition  be  a  citi- 
zen or  subject. 

The  petition  must  be  verified  at  the  time  it  is  filed  by 
the  affidavit  of  two  credible  witnesses,  who  are  citizens  of 
the  United  States  and  who  shall  state  that  they  have  known 
the  petitioner  during  his  entire  residence  (not  exceeding 
five  years)  in  the  state  in  which  the  petition  is  filed,  which 
must  not  be  less  than  one  year,  and  that  they  have  known 
him  to  be  a  resident  of  the  United  States  continuously  dur- 
ing the  five  years  immediately  preceding  the  filing  of  the 
petition ;  that  during  such  time  he  has  acted  as  a  man  of 
good  moral  character,  attached  to  the  principles  of  the  Con- 
stitution of  the  United  States,  and  well  disposed  to  the 
good  order  and  happiness  of  the  same. 

If  the  petitioner  has  not  resided  continuously  in  the  state 
in  which  his  petition  is  filed,  his  residence  in  otlier  states 
may  be  proved  by  depositions. 

Any  alien  who  has  borne  a  title  of  nobility  or  been  the 
member  of  any  order  of  nobility  must  renounce  such  title 
or  position  before  becoming  naturalized. 

No  alien  may  become  naturalized,  if  physically  able,  who 
does  not  speak  the  English  language. 

If    all    requirements   are   met   the   oath   of    allegiance   is 


224  IOWA  AND  THE  NATION 

administered  to  the  petitioner  and  he  is  given  his  naturaliza- 
tion papers. 

Fees.  When  an  alien  files  his  declaration  of  intention 
he  is  required  to  pay  the  clerk  of  the  court  one  dollar,  and 
when  he  files  his  petition  for  naturalization  he  pays  four 
dollars. 

Effect.  Naturalization  of  an  alien  confers  citizenship 
upon  his  wife  if  she  could  be  lawfully  naturalized  herself, 
and  if  she  is  residing  in  the  United  States.  It  also  confers 
citizenship  upon  all  children  under  age  residing  in  the 
United  States. 

When  an  alien  who  has  formerly  declared  his  intention 
to  become  a  citizen  of  the  United  States  dies  before  he  is 
actually  naturalized,  the  widow  and  children  who  are  under 
age  are  not  required  to  file  a  declaration  of  intention,  but 
may   complete   the  process  of   naturalization. 

The  naturalization  of  Chinese  is  expressly  prohibited  and 
the  courts  have  held  that  naturalization  cannot  be  extended 
to  Japanese,  Burmese  and  Hawaiians. 

A  citizen  by  naturalization  has  every  right  and  privilege 
of  a  natural-born  citizen,  except  that  he  cannot  hold  the 
office  of  president  of  the  United  States. 

Suffrage.  Naturalization  is  conferred  by  the  United 
States,  and  the  qualifications  of  voters  are  determined  by 
each  state  for  its  own  citizens,  therefore  naturalization  may 
not  be  a  necessary  requirement  for  suffrage.  In  about 
one-half  the  states  aliens  who  have  declared  their  intention 
may  vote ;  in  the  others,  full  citizenship  is  required. 

Exceptions.  There  are  some  exceptions  to  the  general 
naturalization  law.  An  alien  who  has  served  one  year  in 
the  army  or  navy  of  the  United  States  and  been  honorably 
discharged,  may  become  a  citizen  at  once  by  taking  the  oath 
of  allegiance.  An  alien  woman  becomes  a  citizen  by  mar- 
riage with  a  citizen. 


POWERS  OF  CONGRESS  225 

Bankruptcy  Laws.  The  justice  of  bankruptcy  laws 
has  always  been  questioned  by  able  jurists.  On  the  other 
hand,  financial  institutions  and  prominent  business  men 
believe  them  to  be  necessary.  They  afiford  relief  to  the 
debtor,  and  enable  him  to  start  anew.  They  also  assure 
each  creditor  an  equitable  share  of  the  amount  due  him. 
The  United  States  bankrupt  law  now  in  force  was  passed 
in  1898  and  amended  in  1910. 

A  bankruptcy  law  gives  a  debtor  the  right  to  appear  in 
court,  and,  under  oath,  to  certify  to  all  the  property  belong- 
ing to  him  which  is  not  exempt  by  law  from  attachment 
for  debt.  By  turning  over  this  property  to  the  court,  for 
the  benefit  of  his  creditors,  the  proceeds  will  be  divided 
proportionately  among  them,  and  the  entire  debt  will  thus 
be  canceled.  The  debtor  may  afterwards  accumulate  a 
large  amount  of  property,  but  it  can  never  be  seized  to  pay 
debts  contracted  before  he  took  advantage  of  the  provisions 
of  the  bankruptcy  law. 

Clause  5. — Coinage  and  Measures 

To  coin  money,  regulate  the  I'alue  thereof,  and  of  foreign 
coin  and  fix  the  standard  of  weights  and  measures. 

Coinage.  The  right  to  coin  money  belongs  primarily 
with  the  nation,  and  not  with  the  state.  Under  the  power 
conferred  upon  congress  by  the  first  part  of  this  clause, 
laws  relating  to  the  coinage  of  money  have  been  passed, 
and  mints  owned  and  operated  by  the  general  government 
have  been  established. 

United  States  Mints.  The  main  mint  of  the  United 
States  is  at  Philadelphia.  It  was  established  in  1791.  There 
are  also  United  States  mints  at  New  Orleans,  San  Fran- 
cisco and  Denver.     Each  of  these  mints,  except  the  one  at 


226  IOWA  AND  THE  NATION 

Philadelphia,  has  a  mint  mark  which  is  placed  on  the 
reserve  side  of  all  the  principal  coins.  "  O  "  is  the  mint 
mark  for  New  Orleans,  "  S  "  for  San  Francisco  and  "  D  " 
for  Denver. 

Coins.  Gold,  silver,  nickel  and  bronze  are  now  coined 
into  money  by  the  authority  of  congress.  The  gold  coins 
are  the  double  eagle,  the  eagle,  half  eagle  and  quarter  eagle. 
The  silver  coins  are  the  dollar,  half  dollar,  quarter  dollar 
and  dime.  The  baser  coins  are  the  five  cent  and  the  one 
cent  piece. 

Legal  Tender.  Gold  coins  and  silver  dollars  are  legal 
tender  for  the  payment  of  debts  in  unlimited  amounts,  but 
all  other  silver  coins  are  limited  to  ten  dollars  as  a  legal 
tender.  A  private  citizen  may  have  gold  bullion  coined 
into  money  at  the  United  States  mint  in  any  quantity  he 
chooses.  This  is  called  free  coinage  of  gold.  The  govern- 
ment does  not  now  coin  silver  for  individuals,  but  purchases 
what  it  needs. 

Portraits  on  Coins.  President  Washington  was  urged  to 
allow  his  portrait  to  be  used  on  the  principal  coins  of  the 
United  States,  but  he  objected  on  the  ground  that  in  a 
republic  no  man's  portrait  should  be  placed  on  its  coins. 
That  plan  has  been  followed  through  our  history  down  to 
the  present  time. 

Value  of  Coins.  The  power  of  congress  to  regulate  the 
value  of  coins  is  an  important  one.  At  present  the  gold 
dollar  as  a  unit  of  value,  contains  twenty-five  and  eight- 
tenths  grains,  nine-tenths  fine,  and  the  silver  dollar  4X2].^ 
grains,  and  of  the  same  degree  of  fineness  as  the  gold  dollar. 
The  metal  in  a  silver  dollar  is  often  worth  less  than  a 
dollar  as  bullion,  but  the  stamp  of  the  government  causes 
it  to  pass  at  its  face  value.  Congress  does  not  attempt  to 
regulate  the  value  of  foreign  coins,  as  the  number  circulated 
in  the  United  States  is  very  small. 


POWERS  OF  CONGRESS  227 

Weights  and  Measures.  The  necessity  of  uniform 
standards  of  \veii;ht.s  and  measures  is  apparent  to  every 
one.  The  C  onstitution  gives  congress  power  to  estabhsli 
a  uniform  system  of  weights  and  measures,  and  several 
attempts  have  been  made  to  secure  uniformity,  but  state 
standards  are  still  allowed.  In  1817  the  senate  directed 
John  Ouincy  Adams,  then  secretary  of  state,  to  make  a 
report  upon  the  weights  and  measures  used  in  the  United 
States  and  other  countries,  and  this  report  became  the  basis 
of  later  enactments.  In  1830  a  munber  of  standards  were 
adopted.  In  1901  the  National  r)Ureau  of  Standards  of  the 
United  States  was  established.  The  bureau  was  given  cus- 
tody of  standards  already  adopted  and  authorized  to  make 
scientific  investigation  of  standards  employed  in  all  lines 
of  industry.  Laboratories  have  been  provided  for  the 
bureau  and  highly  trained  specialists  are  employed. 

Clause  6. — Pmiishmcnt  of  Count  erf  citing 

To  provide  for  tJic  punishment  of  coiinterfeifin<j  the 
securities  and  current  coin  of  the  United  States. 

Counterfeiting.  During  the  Revolution,  congress  was 
obliged  to  issue  large  amounts  of  paper  money,  and,  with 
the  poor  facilities  for  engraving  and  printing  it,  the  work 
was  not  well  done,  and  it  was  also  easily  imitated.  To  make 
the  matter  worse,  and  perhaps  with  the  thought  of  entirely 
ruining  the  credit  of  the  United  States,  large  sums  of  coun- 
terfeit money  were  printed  in  England  and  sent  over 
here  to  be  given  away,  or  used  in  exchange  for  American 
manufactures  and  other  products.  In  this  way,  the  money 
of  the  government  became  worthless,  and  its  credit  well 
nigh  ruined.  ' 

Counterfeiting  Paper  Money.     Of  late  years,  the  art  of 


228  IOWA  AND  THE  NATION 

the  engraver  has  made  it  very  difficult  to  imitate  our  paper 
money,  and  the  penalty  for  counterfeiting  is  severe.  The 
crime  of  counterfeiting  is  a  felony,  and  the  penalty,  as  fixed 
by  law,  is  printed  on  the  back  of  greenbacks  and  national 
bank  notes.     On  greenbacks,  it  is  as  follows : 

"  Counterfeiting  or  altering  this  note,  or  passing  any 
counterfeit  or  alteration  of  it,  or  having  in  possession  any 
false  or  counterfeit  plate  or  impression  of  it,  or  any  paper 
made  in  imitation  of  the  paper  on  which  it  is  printed,  is 
felony,  and  is  punishable  by  five  thousand  dollars  ($5,000) 
fine,  or  fifteen  (15)  years  imprisonment  at  hard  labor,  or 
both." 

Counterfeiting  Coins.  The  penalty  for  counterfeiting 
the  coins  of  the  United  States  is  also  very  severe.  Offi- 
cers of  the  government  are  employed  to  detect  counterfeit 
money  of  any  kind,  and,  if  possible,  to  arrest  the  criminals 
engaged  in  its  manufacture  or  use. 

Kinds  of  Paper  Money.  It  is  safe  to  say  that  there  is 
almost  no  counterfeit  money  now  in  circulation.  So  certain 
do  we  feel  that  all  the  paper  money  in  use  is  genuine,  that 
we  rarely  examine  it,  except  to  be  sure  of  the  amount  it 
represents.  The  kinds  of  paper  money  now  in  circulation 
are  greenbacks,  national  bank  notes,  silver,  gold  and  coin 
certificates. 

The  Currency  Act  of  1913  authorizes  the  federal  reserve 
banks  to  issue  a  special  currency  to  meet  emergencies. 

Clause  7- — Postoffices 

To  establish  postoffices  and  post  roads 

Postal  System.  The  postal  system  of  the  United 
States  had  its  origin  in  early  colonial  times,  and  under  the 
management  of  Benjamin  Franklin  was  brought  to  a  good 
degree  of  perfection.     When  the  Federal  Government  was 


POWERS  OF  CONGRESS  229 

organized  under  the  new  Constitution  the  postoffice  was 
made  a  department  of  the  government.  At  this  time  there 
were  only  75  postoffices.  In  1915  there  were  about  57,000. 
In  1900  there  were  over  76,000.  This  decrease  in  number 
is  due  to  the  extension  of  rural  free  delivery,  which  has 
done  away  with  many  small  postoffices  in  rural  communities. 

Rates  of  Postage.  All  mailable  matter  is  divided  into 
four  classes  known  respectively  as  first-class,  second-class, 
third-class  and  fourth-class  matter. 

First-class  matter  includes  letters  and  other  written  docu- 
ments, manuscript  and  all  sealed  packages,  whatever  their 
contents.  Postage  on  first-clas  i  matter  is  two  cents  an  ounce 
or  fractions  thereof.  The  exceptions  are  postal  cards  and 
drop  letters  in  local  postoffices  where  there  is  no  delivery. 
The  rate  on  each  of  these  is  one  cent. 

Second-class  matter  includes  all  newspapers,  periodicals 
and  other  publications  which  appear  regularly  at  least  four 
times  a  year,  and  are  entered  in  the  Postoffice  Department 
as  second-class  matter.  The  rate  on  second-class  matter  to 
publishers  and  news  agents  is  one  cent  a  pound  or  fraction 
thereof.  Publications  sent  to  subscribers  within  the  county 
are  free  unless  mailed  for  delivery  at  letter-carrier  offices. 
Publishers  wishing  to  secure  the  advantages  of  second-class 
rates  must  submit  their  periodicals  to  the  Postoffice  Depart- 
ment for  approval.  If  the  periodical  meets  the  require- 
ments the  rate  is  granted.  Otherwise  the  publication  is 
subject  to  the  rate  of  third-class  matter. 

Third-class  matter  includes  printed  engravings,  circulars, 
photographs  and  mimeograph  and  multigraph  letters  not 
containing  name  and  address  of  the  person  to  whom  they 
are  sent.  Such  letters  containing  the  address  may  be 
mailed  as  third-class  matter,  provided  at  least  twenty  iden- 
tical copies  are  mailed  at  the  postoffice  window  at  one  time. 
Proof  sheets  accompanied  by  manuscript  are  also  included 


230  IOWA  AND  THE  NATION 

in  this  class.  Packages  of  third-class  matter  must  be 
unsealed  and  so  wrapped  that  the  contents  can  be  readily 
examined.  The  rates  are  one  cent  for  every  two  ounces 
or  fractions  thereof. 

Parcel  Post.  Fourth-class  matter  embraces  parcel  post 
mail,  and  includes  merchandise,  farm  and  factory  products, 
seeds,  cuttings,  bulbs,  roots,  scions  and  plants,  books 
(including  catalogues),  printed  matter  weighing  more  than 
four  pounds,  and  all  other  mailable  matter  not  included  in 
the  first,  second  and  third  classes.  Parcel  post  packages 
must  be  unsealed. 

Packages  weighing  eight  ounces  or  less  and  miscellaneous 
printed  matter  weighing  less  than  four  pounds  are  subject 
to  uniform  rates,  but  the  rates  on  larger  packages  are  fixed 
by  zones.  The  limit  of  weight  for  packages  in  the  first 
and  second  zones  is  fifty  pounds ;  beyond  the  second  zone, 
twenty  pounds. 

Those  wishing  to  use  the  parcel  post  should  obtain  from 
their  rural  carrier  or  their  postmaster  printed  rules  and 
directions  which  are  supplied  on  application. 

International  Postal  Union.  The  United  States  is  also 
a  member  of  an  international  postal  union,  and,  by  means 
of  this,  letters  may  be  sent  to  any  foreign  country  belong- 
ing to  the  postal  union,  at  the  uniform  rate  of  five  cents  per 
half  ounce. 

Money  may  be  sent  to  all  parts  of  the  United  States  by 
means  of  postal  orders,  which  may  be  purchased  at  all  the 
important  postoffices  in  the  United  States.  International 
money  orders  are  also  used  to  send  money  abroad. 

Adjustment.  Salaries  are  readjusted  annually,  and  if  the 
receipts  of  any  office  grow  so  large  early  in  the  year  as 
to  change  the  class  to  which  that  office  belongs,  the  read- 
justment will  not  be  made  until  the  end  of  the  postal  year, 
which  is  March  31. 


POWERS  OF  CONGRESS  231 

Post  Roads.  Post  roads  are  routes  designated  by  the 
government  over  which  tlic  mails  are  carried.  They  consist 
of  railroads,  steamship  routes  and  wagon  roads.  These 
post  roads  are  not  special  routes  constructed  at  government 
expense,  but  any  route  by  which  mail  is  conveyed  is  called 
a  post  road.  In  nearly  all  parts  of  the  country,  rural  free 
delivery  of  mail  is  made  by  carriers  who  do  their  work 
under  contract  with  the  general  government. 


Clause   S. — Copyri(/lifs  and  Patents 

To  promote  the  progress  of  science  and  useful  arts  by 
securing,  for  limited  times,  to  authors  and  inventors,  the 
exclusive  right  to  their  respective  zvritings  and  discoveries. 

Patents.  A  patent  is  a  certificate  issued  by  the  auth- 
ority of  the  government  to  the  inventor  of  any  useful 
article,  or  the  discoverer  of  any  useful  process,  by  means 
of  which  he  is  given  the  exclusive  right  to  manufacture 
and  sell  his  production.  Models  of  the  various  articles 
patented  in  the  United  States  are  kept  in  the  patent  office  at 
Washington.  Patents  are  issued  by  a  commission  that  is 
in  charge  of  that  branch  of  the  interior  department. 

Expense.  Letters  patent,  as  the  certificate  is  called, 
secures  to  the  inventor  the  exclusive  right  to  his  patent  for 
seventeen  years,  and  a  patent  may  be  re-issued.  The 
expense  of  obtaining  a  patent  is  thirty-five  dollars.  Fifteen 
dollars  must  accompany  the  application,  and  this  money 
will  not  be  returned  to  the  applicant,  even  if  he  is  not 
granted  a  patent.  It  is  used  to  defray  the  expense  of  the 
careful  search  through  the  models  in  the  patent  office  to  see 
that  the  article  is  not  like  some  similar  one  already  covered 
by  patent. 


232  IOWA  AND  THE  NATION 

Copyright.  Copyright  is  the  privilege  granted  to  authors 
and  designers.  It  is  intended  to  secure  to  them  the 
exclusive  right  to  their  productions.  The  following  steps 
are  necessary  to  secure  a  copyright : 

1.  Make  application  to  the  Register  of  Copyrights, 
Washington,  D.  C,  for  the  necessary  forms.  The  applica- 
tion should  state  whether  the  article  is  a  book,  a  play,  a 
musical  composition  or  a  photograph  or  print  of  some 
designer. 

2.  Fill  the  blanks  received,  taking  care  to  comply  with 
every  requirement. 

3.  Forward  the  application  together  with  the  required 
fee,  one  dollar,  to  the  Register  of  Copyrights. 

4.  Send  two  copies  of  the  article  on  which  copyright  is 
desired  to  the  Register  of  Copyrights.  All  articles  copy- 
righted must  have  printed  upon  each  copy  the  legend 

Copyright  19 
By  A B 


That  is,  the  legend  must  contain  the  year  in  which  the 
copyright  was  granted  and  the  name  of  the  person  or  firm 
to  whom  it  was  granted. 

A  copyright  is  good  for  28  years  and  may  be  renewed. 

Clause  p. — United  States  Courts 

To  constitute  tribunals  inferior  to  the  supreme  court. 

This  clause  is  an  important  one,  and  congress,  exercising 
the  authority  granted  by  it,  has  established  several  impor- 
tant courts,  some  of  them  inferior  only  in  name  to  the 
Supreme  Court.  Owing  to  the  relation  of  these  courts  to 
the  Supreme  Court,  the  whole  subject  is  discussed  as  the 
judicial  branch  of  the  government.  Chapter  VIII. 


POWRRS  OF  COXGRES-S  233 

Clause  10. — Crimes  at  Sea 

To  define  and  punish  piracies  and  felonies  coininillcd  on 
the  high  seas,  and  offenses  ag.ainst  the  law  of  nations. 

Piracy.  Piracy  is  a  crime  committed  on  the  high  seas 
which  is  equivalent  to  robbery  on  land.  Congress  has 
passed  stringent  laws  for  the  punishment  of  piracy,  and 
as  other  civilized  nations  have  taken  similar  action,  this 
crime  is  now  of  rare  occurrence. 

Low  Water  Mark.  The  jurisdiction  of  a  state  border- 
ing on  the  ocean  extends  to  low  water  mark,  but  the  nation 
has  control  of  oceanic  waters  for  a  distance  of  three  miles 
outside  of  low  water  mark.  The  nation  also  controls  the 
gulfs  and  bays  that  indent  its  coasts,  and  the  Great  Lakes. 

The  offenses  against  nations  referred  to  here  apply  only 
to  citizens  of  the  United  States.  Each  nation  is  responsible 
to  every  other  nation  for  the  acts  of  its  citizens.  The 
United  States  has  been  called  upon  to  make  reparation 
for  the  injuries  done  to  citizens  of  other  countries,  and  the 
power  of  our  government  is  often  invoked  to  protect  the 
rights  of  our  citizens  abroad. 

Clause  II. — Declaration  of  JVar 

To  declare  zvar,  grant  letters  of  marque  and  reprisal,  and 
make  rules  concerning,  captures  on  land  and  water. 

War.  One  of  the  sovereign  powers  of  a  nation  is  that 
of  declaring  war.  The  United  States  has  been  engaged  in 
three  important  wars  with  other  nations,  and  in  the  great 
Civil  War.  A  declaration  of  war  is  a  very  important  step 
for  any  nation  to  take  and  power  to  take  such  a  step  should 
rest  with  the  representatives  of  the  people.     It  is  a  formal 


234  IOWA  AND  THE  NATION 

proclamation  to  the  world  that  war  is  about  to  begin,  and 
war  is  always  dreadful. 

Marque  and  Reprisal.  A  letter  of  marque  is  a  commis- 
sion in  writing,  issued  by  the  National  Government,  author- 
izing a  private  person  to  capture  on  the  high  seas  persons 
and  property  of  the  subjects  or  citizens  of  a  nation  that  has 
inflicted  injury  upon  his  country,  and  the  authority  to  take 
the  property  seized  into  the  ports  of  the  injured  nation  is  a 
letter  of  reprisal. 

Prize  Courts.  The  United  States,  in  time  of  war,  desig- 
nates certain  ports  into  which  prizes  may  be  taken  by 
officers  acting  under  letters  of  marque  and  reprisal.  At 
these  ports,  prize  courts,  or  courts  of  admiralty,  as  they  are 
often  called,  are  established,  and  if  it  is  found  by  them 
that  the  seizure  has  been  properly  made,  the  property  is 
sold,  and  the  money  received  is  divided  among  the  officers 
and  crew  in  a  manner  prescribed  by  law. 

Clause  12. — Maintenance  of  Armies 

To  raise  and  support  armies,  but  no  appropriation  of 
money  to  that  use  shall  be  for  a  longer  term  than  tzvo  years. 

Armies.  The  power  to  declare  war  would  have  little 
force  unless  accompanied  by  the  right  to  raise  and  equip 
armies.  The  members-  of  the  Constitutional  Convention 
were  divided  in  opinion  concerning  the  power  of  congress  to 
raise  armies,  and  the  people  also,  when  called  upon  to  ratify 
the  Constitution,  were  found  to  be  much  opposed  to  this 
part  of  the  document. 

Appropriations.  As  a  safeguard  to  the  people,  it  is  pro- 
vided that  an  appropriation  for  the  support  of  the  United 
States  army  shall  not  be  made  for  a  longer  period  than  two 
years.     By  this  means,  if  a  war  proves  unpopular,  repre- 


POWL-KS  OF  CONGRESS  235 

sentatives  favoring  the  wishes  of  the  people  could  be  elected, 
and  the  war  terminated  through  lack  of  support  of  the 
army. 

Standing  Army.  It  has  always  been  the  policy  of  the 
United  vStates  to  maintain  a  small  standing  army.  At  pres- 
ent the  minimum  is  fixed  at  58,000  men,  and  this  number 
can  be  increased  to  100,000  upon  order  of  the  president. 
The  army  is  under  tlie  management  of  the  General  Staff, 
which  is  conijjosed  of  experienced  officers.  The  chief  of 
staff  is  at  the  head  of  this  Ijod}'.  and  i.s,  under  the  ])resi- 
dent,  the  commander-in-chief  of  tlie  land  forces  of  the 
country. 

Militia.  All  able-bodied  citizens  of  the  United  States  and 
all  aliens  who  have  declared  their  intention  to  become  citi- 
zens who  are  over  18  and  under  45  years  of  age,  unless 
excused  for  special  reasons,  are  members  of  the  militia. 
The  militia  is  divided  into  two  classes,  the  organized  militia 
known  as  the  National  Guard,  and  the  unorganized  militia. 
In  1915  the  organized  militia  numbered  about  123,000  offi- 
cers and  men,  and  the  unorganized  militia  exceeded 
20,000,000. 

Clause  /J. — The  Navy 

To  [provide  and  niaintain  a  navy. 

Navy.  The  navy  of  the  United  States  has  been  for 
many  }ears  even  less  imposing  than  its  army.  But  tlie 
year  1898  saw  a  small,  poorly  equipped  navy  change,  as  if 
by  magic,  into  one  of  the  most  powerful  navies  of  the 
world.  In  a  few  days,  the  vast  resources  of  the  govern- 
ment were  turned  toward  the  improvement  of  our  navy, 
and  the  change  was  marvelous.  Battleships,  armored 
cruisers,  torpedo  boats,  rapid-fire  guns,  and,  in  fact,  every- 
thing needed   for  the  carrying  on  of  a  great  war  seemed 


236  IOWA  AND  THE  NATION 

to  spring  into  being  at  the  need  of  the  nation.  At  the 
breaking  out  of  the  European  War,  1914,  the  navy  of  the 
United  States  ranked  third  among  the  navies  of  the  world, 
being  exceeded  only  by  those  of  Great  Britain  and 
Germany. 

Clause  /-/. — Army  and  Navy  Regulations 

To  make  rules  for  the  g.07'ernment  and  regulations  of 
the  land  and  naval  forces. 

Military  Academy.  Congress  has  passed  many  laws 
relating  to  the  government  of  its  land  and  naval  forces.  To 
provide  for  the  proper  training  of  army  officers,  there  is  a 
Military  Academy  located  at  West  Point,  New  York,  and 
supported  at  government  expense.  This  academy  was 
opened  in  1812,  and  has  prepared  a  large  number  of  officers 
for  the  army. 

Cadets.  Each  senator  and  each  congressional  district  and 
territory,  including  Porto  Rico,  Alaska  and  Hawaii,  is 
entitled  to  have  one  cadet  at  the  Academy,  and  the  District 
of  Columbia  is  entitled  to  two.  In  addition  to  these  there 
are  forty  cadets  at  large,  appointed  by  the  president  of  the 
United  States.  Appointments  are  usually  made  tln-ough 
competitive  examinations.  Candidates  cannot  be  under 
17  nor  over  22  years  of  age.  The  course  of  study  requires 
four  years  and  the  graduates  have  the  rank  and  pay  of 
second  lieutenants.  While  at  the  Academy  each  cadet  is 
paid  $540  a  year. 

Naval  Academy.  The  United  States  Naval  Academy 
is  located  at  Annapolis,  Md.  It  was  founded  in  1845  by 
George  Bancroft,  the  historian,  when  he  was  secretary  of 
the  navy.  The  students  are  called  midshipmen.  Two  mid- 
shipmen are  allowed  for  each  senator,   representative  and 


POWERS  OF  COXGRESS  237 

delegate  in  congress,  two  for  the  District  of  Columbia,  ten 
from  the  United  States  at  large  and  fifteen  from  tli« 
enlisted  personnel  of  the  nav}-.  Those  from  the  District 
of  Columbia  and  the  United  States  at  large  are  appointed 
by  the  president,  those  frtiui  tlie  navy  by  the  secretary  of 
the  navy,  and  the  others  by  the  senators  and  representa- 
tives of  their  respective  states.  All  appointments  are  made 
on  a  competitive  examination.  The  course  of  study  requires 
four  years.  Candidates  must  be  between  the  ages  of  18 
and  20  years. 

Clause  15. — The  Militia 

To  provide  for  calliiuj  forth  the  inilitia  to  execute  the 
lazi's  of  the  Union,  suppress  insurrections,  and  repel 
invasions. 

Commander-in-Chief.  Tiie  Constitution  provides  that 
the  president  shall  be  commander-in-chief  of  the  land  and 
naval  forces  of  the  United  States.  The  governor  of  each 
state  is  empowered  to  call  out  of  the  state  militia  to  enforce 
the  laws  of  the  state  and  maintain  peace  within  its  borders, 
but  he  has  not  the  power  to  send  them  outside  of  the  state. 
The  president  may  call  out  the  state  militia  to  aid  in  execut- 
ing the  laws  of  the  Union,  or  to  suppress  insurrections,  and 
repel  invasions. 

Clause   16. — Organisation   of  the  Militia 

To  provide  for  organizing,  arming  and  disciplining  the 
militia,  and  for  governing  such  part  of  them  as  may  be 
employed  in  the  service  of  the  United  States,  reserving  to 
the  states  respectively  the  appointment  of  the  officers,  and 
the  authority  of  training  the  militia  according  to  the  disci- 
pline prescribed  by  congress. 


238  IOWA  AND  THE  NATION 

Training  Militia.  If  it  were  not  for  this  provision,  by 
means  of  which  uniformity  in  mihtary  training  is  secured, 
the  mihtia  would  be  of  httle  value,  when  called  into  the 
service  of  the  general  government.  It  is  proper  to  permit 
the  states  to  choose  the  ofificers  of  the  militia,  but  the  train- 
ing of  all,  officers  and  privates  alike,  should  be  the  same 
for  all  the  states. 

Clause  I/. — Exclusive  Legislation 

To  exercise  exclusive  legislation  in  all  cases  zvhatsoeifer 
over  such  district  (not  exceeding  ten  miles  square)  as  may, 
by  the  cession  of  particular  states,  and  the  acceptance  of 
congress,  become  the  seat  of  government  of  the  United 
States,  and  to  exercise  like  authority  oi'cr  all  places  pur- 
chased by  the  consent  of  the  legislature  of  the  state  in 
which  the  same  shall  be,  for  the  erection  of  forts,  magazines, 
arsenals,  dock  yards,  and  other  needful  buildings. 

Seat  of  Government,  Washington  was  empowered  by 
congress,  at  its  first  session,  to  locate  the  seat  of  govern- 
ment at  some  point  on  the  Potomac  River.  This  he  did  in 
1790,  and  the  capital  was  removed  from  Philadelphia,  to 
the  city  of  Washington  in  1800.  The  site  chosen  for  the 
seat  of  government  is  known  as  the  District  of  Columbia. 
Maryland  gave  72  square  miles  of  territory,  and  Virginia, 
28.  In  1846,  the  government  ceded  to  \'irginia  its  origi- 
nal part,  leaving  only  the  Maryland  grant  in  the  District. 
The  District  is  governed  by  three  commissioners  appointed 
by  the  president  and  confirmed  by  the  senate. 

United  States  Property.  The  United  States  owns 
custom  houses,  navy  yards,  postoffices  in  many  large  cities, 
and  other  property  in  diiTerent  parts  of  the  country.  Land 
is  obtained  for  these  purposes  from  the  several  states,  but 


POWERS  OF  CONGRESS  239 

the  states  usually  reserve  certain  rights  to  the  land.  As 
a  rule,  the  deed  to  the  land  contains  a  reverting  clause,  so 
that  the  land  will  become  the  property  of  the  state  or  indi- 
vidual granting  it.  in  case  the  government  fails  to  use  it 
for  the  ]nu-pose  for  which  it  was  granted.  The  right  to 
serve  writs  or  other  legal  notices  for  the  enforcement  of 
the  laws  of  the  state  is  also  reserved  by  the  state.  This 
is  done  to  prevent  these  places  from  becoming  a  place  of 
refuge  for  criminals  fleeing  from  state  authority. 

Clause  i8. — Legislative  Pozi'er 

To  make  all  laws  ivJiich  sJiall  be  necessary  for  carrviiuj 
into  execution  the  foregoing  poivers,  and  all  other  pozvers 
vested  by  this  constitution  in  the  governmoit  of  the  United 
States,  or  in  any  department  or  officer  thereof. 

This  clause  is  a  grand  summary  of  the  powers  of  con- 
gress. It  will  be  seen  that  the  Constitution  states  many 
things  about  which  congress  may  legislate,  but  this  is  only 
for  the  purpose  of  pointing  out  some  of  the  most  impor- 
tant subjects  requiring  general  legislation.  In  order  to 
show  that  congress  has  power  to  legislate  in  matters  not 
specified,  this  last  provision  is  wisely  inserted. 

QUESTIONS  AND  SUGGESTIONS 

1.  Why  is  the  Preamble  an  important  part  of  the 
Constitution  ? 

2.  Compare  the  plan  of  government  of  the  United 
States  with  that  of  Iowa,  branch  for  branch. 

3.  How  many  representatives  in  congress  has  Iowa? 
In  which  congressional  district  do  you  live?  Who  is  your 
representative  ? 


240  IOWA  AND  THE  NATION 

4.  \\'ho  are  the  United  States  senators  from  Iowa? 
When  does  the  term  of  each  expire? 

5.  How  many  members  in  the  House  of  Representa- 
tives? In  the  Senate?  When  can  the  number  of  represen- 
tatives be  changed?  Can  the  number  of  senators  be 
changed  ? 

6.  Write  your  representative  for  a  copy  of  some  bill 
before  congress,  in  which  the  people  of  Iowa  are  especially 
interested,  and  study  its  form,  language  and  arrangement. 

7.  What  employees  of  the  United  States  government 
do  you  most  frequently  meet?  Is  there  a  United  States 
official  in  your  city  ? 

8.  Can  a  woman  hold  an  office  under  the  United  States 
government  ? 

9.  How  can  the  people  in  your  congressional  district 
influence  the  vote  of  their  representative  on  any  measure  in 
which  they  are  interested? 

10.  If  two  persons  claimed  to  be  elected  to  the  house  of 
representatives  from  the  same  district,  who  would  decide 
between  them? 

11.  Can  a  member  of  congress  be  punished  for  an 
offense  committed  before  he  was  elected? 

12.  Is  congress  now  in  session?  Is  it  the  long  or  short 
term  ? 

13.  Why  is  a  bill  referred  to  a  committee  after  it  is 
introduced  into  either  branch  of  congress? 

14.  What  are  United  States  bonds?  For  what  purposes 
are  they  issued? 

15.  Why  does  the  Constitution  vest  the  power  of  declar- 
ing war  in  congress  ? 

16.  If  you  wished  to  enter  the  Naval  Academy,  what 
steps  would  you  have  to  take  to  secure  admission  ? 

17.  If  a  government  post-office  building  were  to  be 
erected  in  your  city,  how  would  the  funds  be  obtained  ? 


POWERS  OF  CONGRESS  241 

18.  Can   congress    do    anything    not    specificl    in    the 
Constitution  ? 

19.  How  did  members  of  congress  vote  under  the  Con- 
federation ?    How  do  tlicy  vote  now  ? 

20.  When    was    the    last    United    States    census    taken? 
When  will  the  next  be  taken? 


CHAPTER  VI 

PROHIBITIONS 

Section  IX.     On  Congress 

Clause  I. — The  Slaz'e  Trade 

The  migration  or  importation  of  such  persons  as  aruy  of 
the  states  nozv  existing  shall  think  proper  to  admit,  shall  not 
be  prohibited  by  congress  prior  to  the  year  one  thousand 
eight  hundred  and  eight,  but  a  tax  or  duty  may  be  imposed 
on  such  importation,  not  exceeding  ten  dollars  for  each 
person. 

Everything  in  the  Constitution  pertaining  to  slavery  was 
virtually  repealed  hy  the  ratification  of  the  thirteenth 
amendment. 

Clause  2. — The  Writ  of  Habeas  Corpus 

The  privileges  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,  uidess  when  in  cases  of  rebellion  or  invasion  the 
public  safety  may  require  it. 

Habeas  Corpus.  The  right  to  a  writ  of  habeas  corpus 
is  one  of  the  strongest  safeguards  to  personal  liberty.  An 
innocent  person  may  be  arrested,  charged  with  having  com- 
mitted a  heinous  crime.  Instead  of  being  compelled  to  wait 
several  weeks  or  months  for  a  hearing,  he  may  demand  a 
writ   of   habeas   corpus   in   the  method   prescribed  by   law. 

242 


PROIIIBITIOXS  243 

This  writ  is  placed  in  the  hands  of  the  sheriff,  or  other 
ministeVial  officer,  and  he  is  directed  to  take  the  person 
under  arrest  before  the  proper  jiuhcial  authority,  who 
win  at  once  decide  whether  or  not  the  person  accused  is 
legahy  held  to  answer  for  the  crime. 

Effect.  The  examination  by  virtue  of  a  writ  of  habeas 
corpus  is  not  a  formal  trial  of  the  person  under  arrest, 
as  it  is  intended  to  decide  only  the  legality  of  the  arrest. 
Congress  has  conferred  upon  the  president  the  right  to 
suspend  the  privilege  of  this  writ  in  time  of  public  danger. 
The  writ  can  be  suspended  only  in  the  places  actually  suf- 
fering from  invasion  or  insurrection. 

Clause  J. — La-a's  Forbidden 

No  bill  of  attainder  or  e.v-post-facfo  la-c.'  shall  l^e  passed. 

Attainder.  I'arliament  had  passed  bills  of  attainder 
declaring  British  subjects  guilty  of  crimes  punishable  by 
death.  Such  a  bill  was  a  judicial  declaration  in  the  form 
of  law,  and  the  jjerson  attainted  had  no  chance  to  defend 
himself  in  the  courts.  Not  only  was  he  denied  the  right  to  a 
judicial  trial,  but  his  estate  was  often  confiscated  In-  the 
crown,  and,  in  the  case  of  treason,  his  legal  heirs  were 
disinherited. 

Ex-Post-Facto  Laws.  An  ex-post-facto  law  is  also 
very  unjust.  By  it  an  act  committed  today  may  be  tomorrow 
declared  by  law  to  be  a  crime.  In  other  words,  it  makes  an 
act  criminal  that  was  not  a  crime  at  the  time  it  was 
committed. 

Clause  4. — Direct  Ta.ves 

No  capitation  or  other  direct  tax  sJiall  be  laid,  unless  in 
proportion  to  the  census  or  enumeration  hereinbefore 
directed  to   be   taken. 


244  IOWA  AND  THE  NATION 

Clause  5. — Duties  on  Exports 

No  tax  or  duty  shall  be  laid  on  articles  exported  from  any 
state. 

Direct  taxes  and  duties  are  explained  on  page  218. 

Clause  6. — Commercial  Restriction 

No  preference  shall  be  given  by  any  regulation  of  com- 
merce or  revenue  to  the  ports  of  any  state  over  those  of 
another  nor  shall  vessels  bound  to  or  from  one  state,  be 
obliged  to  enter,  clear,  or  pay  duties  in  another. 

This  provision  was  inserted  in  the  Constitution  to  allay 
the  fears  of  some  of  the  states  that  a  preference  for  the 
ports  of  one  state  might  give  that  state  a  decided  advan- 
tage over  the  others  commercially.  The  second  part  of 
the  clause  insures  certain  rights  to  merchant  vessels  in  car- 
rying on  commerce  among  the  states. 

Clause  7, — Care  of  Public  Funds 

No  money  shall  be  drazvn  from  the  treasury  but  in  con- 
sequence of  appropriations  made  by  law;  and  a  reg.ular 
statement  and  account  of  the  receipts  and  expenditures  of 
all  public  money  shall  be  published  from  time  to  time. 

Appropriations  of  Money.  Large  sums  of  money  are 
required  to  carry  on  the  government,  even  for  a  year,  and 
it  is  eminently  proper  to  have  all  appropriations  of  the 
public  funds  regulated  by  law.  Many  items  of  expense  are 
authorized  by  general  provision  of  law,  as,  for  example, 
the  payment  of  salaries  of  president,  congressmen,  judges 


PROHIBITIONS  245 

and  other  officers.  In  addition  to  this,  special  appropria- 
tions are  made  at  each  session  of  congress  to  defray  inci- 
dental and  unusual  expenses  of  the  government. 

GGvcrnment  Expenses.  The  expenses  of  the  L'niicd 
States  in  all  departments  of  the  public  service  amount  to 
about  $2,000,000  a  day  for  every  day  in  the  year.  Some 
of  this  money  is  paid  in  fees  which  are  used  to  defray  the 
expenses  of  the  office  collecting  them,  and,  as  stated  else- 
where, the  postal  service  is  self-supporting.  Appropriations 
for  the  running  expenses  of  the  government  are  made  by 
congress,  upon  the  recommendation  of  the  various  heads 
of  departments. 

In  a  republican  government,  the  people  claim  the  riglit 
to  know  about  how  the  public  money  is  obtained,  and  for 
what  purpose  it  is  expended.  The  secretary  of  the  treas- 
ury is  called  upon  at  least  once  a  year  to  report  to  the 
president  the  financial  condition  of  the  country,  and  he 
gives  much  valuable  information  to  the  people  concerning 
the  finances  of  the  government.  The  "  Sundries  Appro- 
priation Bill,"  passed  by  congress  at  each  session,  shows 
in  detail  the  special  appropriations  made  by  that  body. 

Clause  8. — Titles  of  Nobility 

No  title  of  )iohility  shall  be  granted  by  the  United  States, 
and  no  person  holding  an  office  of  profit  or  trust  under  them 
shall,  without  the  consent  of  the  congress,  accept  of  any 
present,  emolument,  office,  or  title  of  any  kind  whatever, 
from  any  king,  prince,  or  foreign  state. 

Nobility.  If  titles  of  nobility  had  not  been  prohibited 
by  the  Constitution,  there  would  doubtless  have  been  many 
attempts  to  establish  such  titles  by  law,  all  along  through 
our  history.     The  design  of  the   founders  of  our  govern- 


246  IOWA  AND  THE  NATION 

inent  was  to  prevent  any  form  of  aristocracy  from  gaining 
a  foothold  in  this  country  under  sanction  of  law.  In  short, 
it  was  their  intention  to  establish  a  democracy — a  govern- 
ment of  the  people. 

Reason  for  Prohibition.  The  allegiance  of  citizens  of  the 
United  States  is  due  to  our  own  government,  and  the  obliga- 
tion is  certainly  strong  upon  those  who  are  chosen  to  posi- 
tions of  honor  or  trust  among  the  people.  If  any  public 
officer  were  permitted  to  receive  gifts  of  any  kind  from 
any  foreign  power,  it  would  seem  to  be  for  some  sinister 
purpose.  Congress  has  at  different  times  granted  its  public 
officers  permission  to  receive  gifts  from  foreign  powers. 
In  general  the  prohibition  is  a  wise  one,  and  it  has  often 
been  urged  that  no  citizen  of  the  United  States  should  be 
permitted  to  receive  a  gift  of  any  kind  from  any  foreign 
power. 

Section  X.    On  the  States 

Clause  I. —  Unconditional 

No  state  shall  enter  into  any  treaty,  alliance,  or  confed- 
eration, grant  letters  of  marque  and  reprisal,  coin  money, 
emit  bills  of  credit,  make  anything  but  gold  and  silver  coin  a 
tender  in  payment  of  debts,  pass  any  bill  of  attainder, 
cx-post-facto  lazv,  or  laiv  impairing  the  obligation  of  con- 
tracts, or  grant  any  title  of  nobility. 

Restrictions  Upon  States.  Before  the  Constitution  of 
the  United  States  was  ratified,  the  several  states  were 
independent  republics,  each  one  a  small  nation  by  itself. 
But,  on  entering  the  Union,  it  became  necessary  for  the 
state  to  surrender  certain  rights  and  privileges  that  it  had 
previously  enjoyed,  in  order  that  the  general  government 
might  be  made  strong.     The  unconditional  prohibitions  of 


PROiiir.rnoxs  247 

this  clause  were  necessary  to  proinole  the  general   welfare 
of  all  the  states. 

If  the  states  were  permitted  to  enter  into  alliances  of 
any  kind  with  foreign  nations,  it  would  not  be  long  until 
the  nation  would  be  forced  into  war  in  self-defense,  per- 
haps through  the  hasty  or  thoughtless  action  of  a  single 
state.  No  state  was  compelled  to  enter  the  Union  nor 
could  it  gain  admission  into  the  sisterhood  of  states  with- 
out surrendering  those  prerogatives  that  would  be  likely  to 
cause  a  conflict  between  state  and  national  avithority. 

Clause  2. — Conditional  Prohibitions 

No  state  shall,  without  the  consent  of  the  congress,  lay 
any  imposts  or  duties  on  imports  or  exports;  except  what 
may  be  absolutely  necessary  for  executing  its  inspection 
lazvs;  and  the  net  produce  of  all  duties  and  imposts,  laid  by 
any  state  on  imports  or  exports,  shall  be  for  the  use  of  the 
treasury  of  the  United  States;  and  all  such  laws  shall  be 
subject  to  the  revision  of  the  congress.  No  state  shall 
tvithout  the  consent  of  congress,  lay  any  duty  of  tonnage, 
keep  troops  or  ships  of  war  in  time  of  peace,  enter  into  any 
agreement  or  compact  with  another  state,  or  with  a  for- 
eign poiver,  or  engage  in  war,  unless  actually  invaded,  or 
in  such  imminent  danger  as  not  to  admit  of  delay. 

State  Revenue.  It  has  come  to  be  the  policy  of  the 
states  to  raise  revenue  for  the  support  of  the  state  govern- 
ment by  means  of  direct  taxes.  This  seems  to  have  grown 
out  of  the  prohibition  placed  upon  them  by  this  clause.  It 
will  be  seen  that  any  state  may  pass  laws  providing  for  the 
proper  inspection  of  articles  of  merchandise  imported  into 
the  state. 

Inspection  Laws.     In  1906  congress  passed  the  National 


248  IOWA  AND  THE  NATION 

Pui'e  Food  Law,  which  provides  severe  punishments  for 
aduUerating  foods  and  drugs  or  for  offering  them  for  sale 
under  labels  that  convey  a  false  impression  of  the  com- 
position of  the  article.  Government  inspectors  throughout 
the  country  see  that  this  law  is  enforced  in  all  interstate 
commerce,  and  within  the  states,  state  commissioners  make 
similar  inspection.  The  government  also,  through  the 
Department  of  Agriculture,  inspects  live  stock  for  the 
purpose  of  detecting  and  preventing  the  spread  of  contagious 
diseases.  Meats  are  also  subject  to  government  inspection 
in  all  large  packing  houses. 

Nation  Supreme.  The  language  of  the  last  sentence 
of  this  clause  is  so  definite  as  to  require  little  explanation. 
The  whole  purport  of  the  Constitution  is  to  make  state 
authority  subordinate  to  that  of  the  general  government  in 
all  matters  of  common  interest.  The  natural  law  of  self- 
preservation  would  justify  a  state  in  acting  in  self-defense 
in  case  of  imminent  danger  or  actual  invasion. 


CHAPTER  VII 

ARTICLE  11 

THE  EXECUTIVE  BRANCH 

Section  I.     Executive  Power 

Clause  1. — President 

The  executive  [>ozver  shall  be  vested  in  a  president  of  the 
United  States  of  America.  He  shall  hold  his  office  during 
the  term  of  four , years,  and,  together  zvith  the  vice-president, 
chosen  for  the  same  term,  shall  be  elected  as  follozvs:  (See 
Clause  2.) 

Executive  Authority.  The  framing  of  this  part  of 
the  Constitution  was  a  very  difficuh  one.  Under  the  Articles 
of  Confederation  there  was  no  executive  authority,  except 
such  as  congress  could  exert  incidentally.  Every  point  relat- 
ing to  the  executive  was  carefully  discussed,  and  changes 
were  frequently  made  in  the  provisions  relating  thereto. 

Executive  Council.  Some  members  favored  an  execu- 
tive council  of  the  government  to  consist  of  three  members, 
instead  of  having  a  single  president.  It  was  thought  best 
to  adopt  the  plan  of  having  but  one  executive,  and  the 
committee  having  this  matter  in  charge  decided  that  the 
title  of  the  president  should  be,  "  His  Excellency."  As 
this  seemed  to  point  to  the  establishment  of  what  might 
be  considered  by  some  a  title  of  nobility,  it  was  discarded. 

249 


250  IOWA  AND  THE  NATION 

Term.  What  should  be  the  length  of  the  presidential 
term  of  office  ?  Some  favored  an  annual  appointment  or 
election.  Others  were  in  favor  of  having  the  executive 
serve  during  life  or  good  behavior.  Between  these  extremes 
there  seemed  to  be  all  possible  shades  and  differences  of 
opinion.  The  first  plan  actually  agreed  to  was,  that  the 
president  should  be  chosen  for  a  term  of  seven  years,  and 
that  he  should  be  ineligible  to  re-election. 

For  some  reason  it  afterwards  seemed  advisable  to  change 
this  provision,  and  after  another  prolonged  discussion,  it 
was  decided  to  make  the  presidential  term  four  years,  and 
to  say  nothing  about  re-election. 

Number  of  Terms.  Washington  was  urged  to  become 
a  candidate  for  a  third  term,  but  he  deemed  it  unwise,  and 
the  example  he  set  has  been  followed  all  through  our  his- 
tory. Washington,  Jefferson,  Madison,  Monroe,  Jackson, 
Lincoln,  Grant,  Cleveland,  McKinley  and  Roosevelt  are  the 
only  presidents  that  have  been  re-elected.  Only  five  of  the 
presidents  have  been  re-elected  during  the  past  sixty  years. 
It  seems  as  though  the  people  of  the  United  States  favor 
a  single  term  for  the  executive. 

Vice-President.  The  office  of  vice-president  met  with 
much  opposition.  Several  prominent  members  of  the  con- 
vention argued  against  the  office  as  needless,  but  the  major- 
ity of  the  states  became  convinced  of  the  need  of  such  an 
officer  as  the  vice-president,  and  the  office  was  established 
as  provided  in  this  section. 

Clause  2. — Xnmber  am}  Appointmctit  of  Electors 

Each  state  shall  appoint,  in  sncli  manner  as  tlie  legisla- 
ture thereof  may  direct,  a  number  of  electors  equal  to  the 
tchole  nuruber  of  senators  and  representatives  to  ivhich  the 
state  may  be  entitled  in  the  congress ;  but  no  senator  or  rep- 


THE  EXECUTIVE  BRANCH  251 

rcsentativc,  or  person   holding  an  office  of  trust  or  profit 
under  the  United  States,  shall  be  appointed  an  elector. 

The  twelfth  amendment  of  the  Constitution  set  this  clause 
aside.     It  is  as  follows  : 

The  electors  sJiall  meet  in  their  respective  states  and  vote 
by  ballot  for  president  and  vice-president,  one  of  7^'honi,  at 
least,  shall  not  be  an  inhabitant  of  the  same  state  with 
themselves;  they  shall  name  in  their  ballots  the  person  voted 
for  as  president,  and  in  distinct  ballots  the  person  voted 
for  as  vice-president,  and  they  shall  make  distinct  lists  of  all 
persons  voted  for  as  president,  and  of  oil  persons  voted  for 
as  vice-president,  and  of  the  number  of  I'otes  for  each; 
which  lists  they  shall  siyn  and  certify,  and  transmit  sealed 
to  the  seat  of  government  of  the  United  States,  directed  to 
the  president  of  the  senate.  The  president  of  the  senate 
shall,  in  the  presence  of  the  senate  and  house  of  represen- 
tatives, open  all  the  certificates,  and  the  votes  shall  then  be 
counted;  the  person  having  the  greatest  number  of  votes 
for  president  shall  be  president,  if  such  number  be  a 
majority  of  the  whole  number  of  electors  appointed;  and  if 
no  person  have  such  majority,  then  from  the  persons  haring 
the  higjiest  number  not  exceeding  three  on  the  list  of  those 
voted  for  as  president,  the  house  of  representatives  shall 
choose  immediatel^y  by  ballot,  the  president.  But  in  choos- 
ing the  president,  the  votes  shall  be  taken  by  states,  the 
representation  from  each  state  having  one  vote;  a  quorum 
for  this  purpose  shall  consist  of  a  member  or  members  from 
two-thirds  of  the  states,  and  a  majority  of  all  the  states 
shall  be  necessary  to  choice.  And  if  the  house  of  represen- 
tatives shall  not  choose  a  president  zvhenever  the  right 
of  choice  shall  devolve  upon  them,  before  the  fourth  dav 
of  March,  next  follozving,  then  the  vice-president  sJiall  act 


252  IOWA  AND  THE  NATION 

as  president,  as  in  the  case  of  the  death  or  other  cotistitu- 
tional  disability  of  the  president. 

The  person  having  the  greatest  nnmber  of  votes  as  vice- 
president,  shall  be  the  vice-president,  if  such  number  be  a 
majority  of  the  zvhole  number  of  electors  appointed,  and  if 
no  person  have  a  majority,  then  from  tlie  tivo  highest 
numbers  on  the  list  the  senate  shall  choose  the  vice-presi- 
dent; a  quorum  for  the  purpose  shall  consist  of  tivo-thirds 
of  the  zvhole  number  of  senators,  and  a  majority  of  the 
zvhole  number  shall  be  necessary  to  a  choice.  But  no  person 
constitutionality  ineligible  to  the  office  of  president  shall  be 
eligible  to  that  of  vice-president  of  the  United  States. 

Choice  of  Candidates.  It  is  sometimes  asserted  that 
the  president  and  vice-president  cannot  be  elected  from 
the  same  state.  This  is  not  likely  to  occur,  but  the  Consti- 
tution does  not  prohibit  it.  Political  parties  always  take 
the  precaution  to  nominate  their  candidates  for  president 
and  vice-president  from  different  states  in  order  not  to 
disqualify  the  electors  from  any  state  from  voting  for  the 
candidates  for  both  offices. 

Illustration.  This  may  be  made  plain  by  a  single  illus- 
tration. New  York  now  has  thirty-six  electoral  votes. 
Suppose  one  of  the  great  political  parties  should  select  its 
candidates  for  president  and  vice-president  from  that  state, 
and  that  it  was  successful  in  electing  its  presidential  electors 
in  that  state.  When  the  electors  met  to  cast  their  votes, 
they  could  vote  for  but  one  of  the  candidates,  because  of 
the  constitutional  provision  that  one  of  the  candidates  must 
not  be  a  resident  of  the  same  state  as  themselves. 

Choice  of  Electors.  The  state  legislatures  have,  in 
most  cases,  provided  for  the  choice  of  presidential  electors 
at  the  general  election  every  fourth  year.  Each  political 
party  desiring  to  choose  a  president  and  vice-president  holds 


THE  EXECUTIVE  BRANCH  253 

a  national  convention,  earlv  in  the  vear,  and  nominates 
candidates  for  those  offices.  Then  a  state  convention  of 
delegates  is  held  by  each  party,  and  as  many  candidates  for 
presidential  electors  are  nominated  as  there  are  members 
of  congress  from  that  state. 

Number  of  Electors.  Iowa  has  two  senators  and  eleven 
representatives  in  congress,  and  each  political  party  in  the 
state  nominates  thirteen  presidential  electors.  In  voting, 
each  elector  casts  a  ballot  for  the  thirteen  electors  nominated 
by  the  party  to  which  he  belongs.  The  party  casting  the 
largest  number  of  votes  at  the  general  election  elects  the 
full  number  of  presidential  electors.  These  electors  are 
morally,  or  at  least  politically,  bound  to  vote  for  the 
nominees  of  their  party  for  president  and  vice-president. 

Presidential  Primaries.  While  there  is  no  law  of  Congress 
providing  for  the  nomination  of  the  president  by  primary 
elections,  several  states  in  1912  expanded  the  primary 
elections  to  include  presidential  primaries,  and  the  nomi- 
nation of  candidates  to  national  conventions.  In  California 
and  some  other  states  this  nomination  of  delegates  was 
virtually  an  election.  The  tendency  to  extend  the  primary 
election  laws  to  the  presidential  nomination  is  strong,  and  in 
time  it  may  result  in  the  direct  election  of  the  president  and 
vice-president  by  the  people. 

Clause  4. — Time  of  Elections 

The  congress  may  determine  the  time  of  choosing,  the 
electors,  and  the  day  on  wJiich  they  shall  give  their  -i'otes, 
which  day  shall  be  the  same  throughout  the  United  States. 

Summary.  The  following  summary  may  aid  in  the 
study  of  this  subject: 

1.  Nomination  of  candidates  for  president  and  \ice- 
president  by  each  of  the  great  political  parlies. 


254  IOWA  AND  THE  NATION 

2.  Nomination  of  presidential  electors  by  state  conven- 
tions, or  by  presidential  primaries. 

3.  Election  of  presidential  electors — the  Tuesday  next 
after  the  first  Monday  in  November,  in  every  fourth  year. 

4.  Meeting  of  presidential  electors  on  the  second  Monday 
in  January  following  their  election — usually  at  the  state 
capitol. 

5.  At  this  meeting,  the  ballots  of  the  electors  are  cast 
for  the  nominees  of  their  party  for  president  and  vice- 
president. 

6.  The  ballots  must  be  separate  and  distinct,  each 
showing  the  name  of  the  candidate  and  the  name  of  the 
office. 

7.  Three  separate  lists  of  the  votes  are  made,  signed 
by  the  electors,  sealed  and  certified. 

8.  One  list  is  sent  to  the  president  of  the  United  States 
senate  by  mail ;  the  second  is  sent  to  him  by  special 
messenger,  generally  by  one  of  the  electors  chosen  for  that 
purpose;  the  third  is  deposited  with  the  judge  of  the  United 
States  district  court  for  the  district  in  which  the  electors 
meet. 

9.  The  certificates  from  all  the  states  are  opened  and 
counted  in  the  presence  of  both  houses  of  congress  on  the 
second  Wednesday  in  February. 

Electoral  College.  The  presidential  electors  of  a  state 
are  often  called  the  electoral  college  and  the  same  term 
is  applied  to  all  the  presidential  electors  of  the  United  States. 
These  officers  are  usually  paid  a  small  per  diem,  and  mileage 
sufficient  to  defray  their  necessary  traveling  expenses.  Each 
state  regulates  this  matter  by  law.  Presidential  electors  in 
Iowa  are  paid  five  dollars  a  day  for  the  time  actually 
employed  in  the  discharge  of  their  duties,  and  five  cents 
a  mile  for  the  necessary  distance  traveled  in  going  to  and 
returning  from  the  seat  of  government. 


THE  EXECUTIVE  BRANXH  255 

Election  by  House  of  Representatives.  In  case  tlicrc 
has  been  no  choice  made  l)y  the  electors,  the  house  of  repre- 
sentatives proceeds  at  once  to  the  election  of  a  ])resi(lent, 
and  the  senate  to  the  election  of  a  vice-president.  In  addition 
to  the  election  of  Jefferson,  1801,  the  house  of  representa- 
tives chose  John  Quincy  Adams  president,  in  1825. 

Election  by  Senate.  Richard  M.  Johnson  was  chosen 
vice-president  by  the  senate  in  1837,  the  only  time  that  the 
election  of  the  vice-president  has  devolved  upon  that  body. 

Clause  .j. — Qualification 

No  person  except  a  natural  horn  citizen,  or  a  citizen  of 
the  United  States  at  the  time  of  the  adoption  of  this  consti- 
tution, shall  he  eligihle  to  the  office  of  president;  neither 
shall  any  person  be  eligihle  to  that  office,  who  shall  not  have 
attained  to  the  age  of  thirty-five  years,  and  hcen  fourteen 
years  a  resident  zeithin  the  United  States. 

Qualifications  of  President.  It  would  seem  to  be  the 
part  of  wisdom  to  restrict  the  right  to  hold  the  highest 
office  within  the  gift  of  the  people  to  native-born  citizens 
of  the  United  States.  Many  of  the  ablest  members  of  the 
Constitutional  Convention,  and  many  other  persons  who 
had  done  much  to  help  the  colonies  in  their  struggle  for 
independence,  were  not  Ijorn  in  this  country.  It  was  for 
these  two  classes  of  persons  that  the  exception  was  made, 
so  that  they  would  be  eligible  to  the  presidency,  if  citizens 
of  the  United  States  at  the  time  of  the  adoption  of  the 
Constitution.    The  exception  does  not  now  apply,  of  course. 

Age.  The  minimum  age  required  for  president  and 
vice-president  is  certainly  low  enough.  No  person  has 
ever  been  chosen  to  either  of  these  offices  at  so  carlv  an  asre 
as  thirty-five  years. 


256  IOWA  AND  THE  NATION 

Residence.  The  latter  part  of  this  clause  has  always 
been  a  matter  of  dispute  among  students  of  the  Constitution. 
It  was  evidently  the  intention  of  the  founders  of  the 
Constitution  to  have  the  "fourteen  years  a  resident  within 
the  United  States"  apply  to  the  fourteen  years  immediately 
preceding  the  election.  This  number  of  years  covers  the 
period  from  twenty-one  years,  the  earliest  voting  age,  to 
thirty-five  years,  the  minimum  age  at  which  a  person  may 
be  elected  president  or  vice-president. 

In  the  absence  of  any  interpretation  of  this  clause  by  the 
Supreme  Court  of  the  United  States,  the  language  of  the 
Constitution  must  be  taken  literally.  Viewed  in  this  way, 
any  fourteen  years  of  residence  within  the  United  States 
would  fill  the  requirement  of  this  clause;  but  there  is  httle 
doubt  that  the  term  intended  by  the  founders  of  the  Constitu- 
tion was  the  fourteen  years  immediately  preceding  the 
election. 

Vice-President,  The  qualifications  of  vice-president  are 
the  same  as  those  of  president.  This  is  perfectly  proper, 
since  the  vice-president  may,  at  any  time,  be  called  to  the 
presidency. 

Article  5. — Oath 

Before  he  enter  on  the  execution  of  his  office,  he  shall 
swear  or  affirm, 

1.  That  he  will  faithfully  execute  the  office  of  president 
of  the  United  States;  and 

2.  That  he  zi'lll,  to  the  best  of  his  ability,  preserve,  pro- 
tect and  defend  the  constitution  of  the  United  States. 

This  oath  is  administered  to  the  president  by  the  chief 
justice  of  the  Supreme  Court,  and  generally  in  the  presence 
of  thousands  of  people  who  have  assembled  to  witness  the 


THE  EXECUTn'I'   BR.WXIT  257 

ceremony.  As  the  Supreme  Court  had  not  been  or^^anized 
when  Washington  was  inaugurated  the  oath  was  achiiin- 
istered  to  him  by  Chancellor  Livingston,  of  New  York. 

Clause  6. — /  acaiicics 

In  case  of  the  removal  of  the  president  from  office,  or  of 
his  death,  resignation,  or  inability  to  discharge  the  powers 
and  duties  of  the  said  office,  the  same  shall  devolve  on  the 
vice-president,  and  the  congress  may  by  law  provide  for  the 
case  of  removal,  death,  resignation,  or  inability,  both  of  the 
president  and  vice-president,  declaring  what  officer  shall  then 
act  as  president,  and  such  officer  shall  act  accordingly,  until 
the  disability  be  removed,  or  a  president  shall  be  elected. 

Presidential  Succession.  Three  years  after  the  adop- 
tion of  tlie  Constitution,  congress  passed  a  law  which  named 
the  president  pro  tempore  of  the  senate  and  the  speaker 
of  the  house  of  representatives  as  the  officers  in  the  line  of 
succession  to  the  presidency,  in  case  of  the  inability  of  both 
president  and  vice-president  to  serve. 

By  the  death  of  President  Garfield,  Chester  A.  Arthur 
succeed  to  the  presidency.  It  so  happened  that  congress  had 
not  been  called  to  meet  in  special  session  in  March,  1881, 
and  so  neither  house  had  organized.  There  was,  therefore, 
no  president  pro  tempore  of  the  senate,  nor  speaker  of  the 
house.  The  question  was  often  asked  in  those  days,  "Who 
will  become  president,  in  case  President  Arthur  should  die?" 

Present  Lazv.  Four  years  later  Mce-President  Hendricks 
died,  and  there  was  neither  a  president  pro  tempore  of  the 
senate  nor  a  speaker  of  the  house.  Congress,  on  assembling, 
considered  several  propositions  relating  to  the  line  of  suc- 
cession to  the  presidency,  and  in  1886  adopted  the  follovv-in;^ 
plan : 


258  IOWA  AND  THE  NATION 

In  case  of  the  inability  of  both  president  and  vice-president 
to  serve,  the  members  of  the  president's  cabinet  were  desig- 
nated to  succeed  to  the  presidency  in  the  order  named, 
provided  they  are  ehgible  to  the  office  of  president  by 
election. 

1.  Secretary  of  state. 

2.  Secretary   of   the   treasury. 

3.  Secretary  of  war. 

4.  Attorney-general. 

5.  Postmaster-general. 

6.  Secretary  of  the  navy. 

7.  Secretary  of  the  interior. 

The  offices  of  secretary  of  agriculture  and  secretary  of 
commerce  and  secretary  of  labor  were  not  created  until 
after  the  change  in  the  succession  to  the  presidency  was 
made. 

Effect  of  Lazv.  The  vice-president  becomes  president 
on  the  death,  resignation,  or  removal  of  the  latter,  and  he 
serves  for  the  remainder  of  the  term.  A  cabinet  officer 
who  succeeds  to  the  presidency  will  serve  till  a  new  presi- 
dent has  been  elected,  or,  in  other  words,  for  the  remainder 
of  the  term. 

Presidents  William  Henry  Harrison,  Zachary  Taylor, 
Abraham  Lincoln,  James  A.  Garfield  and  William  McKinley 
died  in  office,  and  were  succeeded  by  the  vice-president  in 
each  case.  Had  President  Johnson  been  convicted  on 
impeachment  and  removed  from  office,  the  presidency  would 
have  passed  to  the  president  pro  tempore  of  the  senate.  No 
cabinet  officer  has  ever  been  called  upon  to  act  as  president. 

Clause  /. — Presideiit's  Salary 

The  president  shall,  at  stated  times,  receiir  for  Jiis  services 
a  compensation  which  shall  be  neither  increased  nor  dimin- 


THE  KXl'CUTIVF.  BRANCH  259 

ishcd  duriiuj  the  /^criocl  for  which  he  shall  have  been  elected, 
and  he  sluill  not  receive  zcithiii  that  period  any  other 
emolument  from  the  L'liited  States  or  any  of  them. 

Salary,  'llie  salar\-  of  the  president  is  -$75,000  a  }ear, 
and  he  has  the  use  of  the  executive  mansion,  or  "White 
House,"  which  is  furnished  and  cared  for  at  the  expense 
of  the  government,  and  $25,000  a  year  for  traveling 
expenses  to  be  used  at  his  discretion.  The  vice-president 
receives  $12,000  a  year  salary,  and  the  president  pro  tempore 
of  the  senate  the  same  amount,  if  called  upon  to  preside 
during  a  session  of  congress,  but  otherwise  his  salary  is 
the  same  as  that  of  other  senators.  The  salary  of  nearly 
all  government  of^cers  is  paid  monthly. 

Expenses.  To  many  persons  the  salaries  of  president, 
congressmen,  judges  and  other  officers  of  the  government 
seem  large,  but  the  expenses  connected  with  these  offices 
are  so  great,  that  many  of  the  officers  are  not  able  to  save 
anything  from  their  salaries.  Few  of  the  presidents  of  the 
United  States  have  accumulated  any  property  while  in 
office. 

European  Rulers.  King  George  V  is  allowed  a  salary 
amounting  to  nearly  $2,000,000  a  year,  and  an  additional 
allowance  of  $350,000  is  made  to  the  other  members  of 
the  royal  family.  The  other  European  nations  pay  large 
sums  of  money  annually  for  the  support  of  their  rulers. 

Section  H.     Powers  of  the  President 

Clause    I 

The  president  shall  be  commander-in-chief  of  the  army 
and  navy  of  the  United  States,  and  of  the  militia  of  the 
several  states,  zvhen  called  into  tJie  actual  serz'ice  of  the 
United  States;  he  ma,y  require  the  opinion,  in  writing,  of 


260  IOWA  AND  THE  NATION 

the  principal  officer  in  each  of  the  executive  departments, 
upon  atuy  subject  rehiting  to  the  duties  of  their  respective 
offices,  and  Jic  shall  have  power  to  grant  reprieves  and 
pardons  for  offenses  against  the  United  States,  except  in 
cases  of  impeachment. 

The  president  is  not  required  or  expected  to  take  com- 
mand of  the  land  or  naval  forces  of  the  United  States,  in 
person,  but  the  Constitution  does  not  prohibit  him  from 
doing  this,  if  he  should  desire  to  do  so.  In  time  of  war, 
military  ofificers  are  appointed  to  the  command  of  the 
different  divisions  of  the  army  and  navy,  and  the  president 
exercises  only  general  supervisory  powers  over  their  actions. 

Departments  of  Government 

Origin.  In  the  Constitutional  Convention,  it  was  urged 
by-  some  members  that  the  chief  executive  power  should  be 
vested  in  a  council  instead  of  in  one  person.  While  no 
action  was  taken  with  a  view  to  the  organization  of  a 
cabinet  of  advisers  for  the  president,  the  language  of  this 
clause  seems  to  imply  that  the  government  would  be 
separated  into  departments  for  the  proper  enforcement 
of  its  laws. 

There  are  now  ten  departments  of  the  executive  branch 
of  our  government.  The  title  and  the  date  of  organization 
of  each  department  are  here  given. 

Department  of  State,  September,  1789. 
"    Treasury,     " 
"    War 
Postoffice  Department, 
Department  of  Navy.  ^lay,  1798. 

"    Interior,  March,  1849. 
"    Justice,  June,  1870. 


■z 

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THE  EXECUTIVE  BRANCH  261 

Dcparliiieiit  of  Agriculture,  Fcbruar}-,  1889. 

"  "    Commerce  and  Labor,  Januar}-,   1903. 

"    Labor,  March,   1913. 

Department  of  State.  The  secretary  of  state  is  usually 
considered  the  highest  officer  in  the  cabinet,  probably  on 
account  of  the  nature  of  his  work.  Under  the  direction  of 
the  president,  he  carries  on  the  correspondence  of  the  nation 
with  foreign  powers.  He  is  the  custodian  of  the  great  seal 
of  the  United  States  with  which  he  seals  all  state  papers 
signed  by  the  president  and  countersigned  by  him.  All 
laws  of  congress,  amendments  to  the  Constitution,  and 
various  proclamations  of  the  president  are  published  under 
his  direction. 

Treasury  Department.  The  secretary  of  the  treasury 
is  tile  legal  adviser  of  the  president  in  all  matters  relating 
to  the  finances  of  the  nation.  He  proposes  plans  for  rais- 
ing the  necessary  revenue  for  the  support  of  the  government, 
and  the  collection  of  all  public  money  is  entrusted  to  his 
care.  He  also  furnishes  annually  to  congress  estimates  of 
the  probable  receipts  and  expenditures  of  the  government 
for  the  ensuing  year. 

Bureaus.  Several  important  bureaus,  or  sub-departments 
of  the  government,  are  placed  in  charge  of  the  secretary  of 
the  treasury.  This  is  doubtless  due  to  the  fact  tliat  large 
sums  of  money  are  needed  to  carry  on  these  special  lines 
of  work,  and  this  officer  should  be  familiar  with  their  needs, 
in  order  to  be  able  to  make  proper  recommendations  con- 
cerning the  funds  required  to  carry  on  their  work. 

Treasurer  of\  United  States.  The  treasurer  of  the  United 
States  is  one  of  the  principal  officers  of  this  department, 
and  the  money  of  the  government  is  received  and  disbursed 
by  him  and  his  assistants  as  required  by  law.  The  commis- 
sioner of  internal  revenue,  who  also  belongs  to  this  depart- 
ment,  superintends   the  collection   of   revenue   of  tin's   kind 


262  IOWA  AND  THE  NATION 

and  sees  to  the  enforcement  of  the  internal  revenue  laws. 
The  other  bureaus  are  under  the  control  of  commissioners  or 
superintendents  who  are  under  the  general  direction  of  the 
secretary  of  the  treasury. 

Department  of  War.  The  secretary  of  war  is  the  chief 
officer  of  the  department  of  war,  and  his  duties  are  per- 
formed under  the  direction  of  the  president.  Certain  gen- 
eral powers  are  conferred  upon  him  by  law.  He  makes 
estimates  for  the  necessary  expenses  of  his  department, 
superintends  the  purchase  of  supplies  for  the  army,  and 
has  charge  of  all  matters  pertaining  to  the  improvement 
of  rivers  and  harbors.  To  aid  him  in  the  discharge  of  his 
duties,  certain  assistants  are  appointed  to  take  charge  of 
special  parts  of  the  work  of  his  department. 

Department  of  the  Navy,  To  the  head  of  this  depart- 
ment is  entrusted  the  general  supervision  of  the  navy,  under 
the  direction  of  the  president.  He  has  the  care  of  con- 
structing the  war  vessels  of  the  government,  and  he  sees 
that  they  are  properly  manned,  armed,  and  equipped  for 
service.  The  navy-yards  of  the  government,  and  the  marine 
corps,  are  controlled  by  him. 

Postoffice  Department.  Tlie  postmaster-general  is 
in  charge  of  the  postal  affairs  of  the  government.  He 
appoints  all  the  subordinate  officers  of  the  postoffice  depart- 
ment, except  the  first  four  assistants  and  postmasters  whose 
salary  exceeds  $1,000  a  year.  The  amount  of  work  done 
by  this  department  is  enormous.  It  includes  the  purchase 
of  supplies  for  the  postmasters  and  other  postal  employees 
of  the  United  States,  the  printing  of  stamps  and  postal 
order  blanks  of  all  kinds,  the  supervision  of  the  dead  letter 
office,  the  railway  and  foreign  mail  service,  the  parcel  post, 
the  letting  of  contracts  for  carrying  the  mail,  and,  in  fact, 
everything  connected  with  the  proper  distribution  of  the 
correspondence  of  the  people  of  the  nation. 


THE  EXECUTIVE  BRANCH  263 

Department  of  Justice.  The  attorney-general  is  at 
the  head  of  this  department,  lie  is  legal  adviser  of  the 
president  and  the  members  of  the  cabinet,  and  he  is  required 
to  give  general  direction  to  attorneys  and  marshals  in  the 
different  districts  of  the  United  States.  The  office  of 
attorney-general  was  created  in  1789,  but  the  department 
of  justice  was  not  organized  until  1870. 

Department  of  the  Interior.  This  is  one  of  the  most 
important  departments  of  the  executive  branch  of  our  gov- 
ernment. The  secretary  of  the  interior  is  its  chief  officer, 
and  under  his  direction  all  public  business  relating  to  pen- 
sions, patents  and  the  census  is  carried  on.  He  has  the 
care  of  the  national  parks  of  the  United  States,  and  the  dis- 
tribution of  all  appropriations  for  agricultural  and  mechan- 
ical colleges  endowed  by  the  general  government.  The 
commissioner  of  the  general  land  office,  commissioner  of 
Indian  affairs  and  commissioner  of  education  are  some  of 
the  important  officers  of  this  department. 

Department  of  Agriculture.  The  department  of  agri- 
culture was  established  in  1889.  Its  highest  officer  is  the 
secretary  of  agriculture,  and  he  is  required  to  attend  to  all 
public  business  relating  to  farming.  The  agricultural  exper- 
imental stations  of  the  country  that  receive  any  support 
from  the  general  government  are  placed  under  his  charge. 
Many  valuable  experiments  in  the  culture  of  grain,  fruit 
and  vegetables  are  performed  by  this  department,  and  the 
result  of  them  is  distributed  to  interested  persons  free  of 
charge. 

Department  of  Commerce.  This  department  was 
created  by  act  of  congress,  passed  January  17,  1903.  Its 
organization  was  the  result  of  much  discussion  in  business 
circles  of  the  United  States  covering  a  period  of  more  than 
twenty  years.  The  purpose  of  the  law  is  as  follows : — It 
shall  be  the  province  and  duty  of  said  department  to  foster, 


264  IOWA  AND  THE  NATION 

promote  and  develop  the  foreign  and  domestic  commerce, 
the  mining,  manufacturing,  shipping  and  fishery  industries, 
the  labor  interests  and  the  transportation  facilities  of  the 
United  States.  The  chief  officer  of  this  department  is  called 
the  secretary  of  commerce  and  he  is  a  member  of  the  presi- 
dent's cabinet. 

Interstate  Commerce  Commission.  This  commission 
consists  of  five  members  who  are  appointed  by  the  president 
and  confirmed  by  the  senate.  It  has  charge  of  the  inter- 
state commerce  of  the  country,  for  the  correction  of  abuses 
in  the  transportation  of  goods  from  one  state  to  another. 
It  has  the  power  to  call  for  reports  from  the  railroad  com- 
panies of  the  country  as  to  their  business  in  general,  and 
specially  with  reference  to  the  charges  made  for  carrying 
goods  different  distances.  The  work  of  this  commission  is 
growing  in  importance  and  value  to  the  people  of  the  coun- 
try, and  many  abuses  in  domestic  commerce  have  been  cor- 
rected by  it.  The  commission  was  organized  in  1887.  The 
annual  salary  is  $10,000. 

Department  of  Labor.  The  department  of  commerce 
and  labor  was  separated  into  two  departments  in  1913. 
The  work  of  each  department  is  indicated  by  the  title.  The 
secretary  of  labor  is  a  member  of  the  president's  cabinet, 
making  the  tenth  member  of  that  body. 

Term  of  Cabinet  Officers,  The  members  of  the  cabinet 
are  appointed  for  the  presidential  term,  but  in  case  of  the 
death  of  the  president  it  is  customary  for  the  cabinet  to 
place  their  resignations  in  the  hands  of  his  successor,  at 
once.     The  salary  of  each  cabinet  officer  is  $12,000  a  year. 

Clause  2. — Consent  of  Senate 

He  shall  have  pozver,  by  and  li'ith  the  advice  and  consent 
of  the  senate,  to  make  treaties,  provided  that  tzvo-thirds  of 


THE  EXECUTIV1-:  BRAXXII  265 

tlic  senators  prcsciif  concur,  and  he  shall  nominate,  and 
by  and  zvith  the  adi'ice  and  consent  of  the  senate,  shall 
appoint  ambassadors,  other  public  ministers  and  consuls, 
judges  of  the  supreme  court,  and  all  other  officers  of  the 
United  States,  zvhose  appointments  are  not  otherwise  herein 
provided  for,  and  zvhich  shall  be  established  by  laiv;  but 
congress  may  by  lazo  vest  the  appointment  of  such  inferior 
officers  as  they  may  think  proper,  in  the  president  alone,  in 
the  courts  of  law,  or  in  the  heads  of  departments. 

Treaties.  The  power  of  a  nation  to  make  treaties  is 
often  called  a  sovereign  power.  It  was  feared  that  a  rash 
president,  acting  under  impulse,  might  be  led  to  exercise 
the  treaty-making  power,  if  vested  in  him,  in  an  improper, 
or  unsatisfactory,  manner.  On  this  account,  the  concur- 
rence of  the  senate,  by  a  two-thirds  vote  of  the  members 
present,  is  necessary  to  ratify  a  treaty  of  any  kind  between 
the  United  States  and  a  foreign  power. 

Appointments.  iVll  important  ofifices  of  the  govern- 
ment, except  those  filled  by  election  as  provided  for  in  the 
Constitution,  are  filled  by  appointment  by  the  president, 
with  the  approval  of  the  senate.  Filling  these  offices 
places  a  great  burden  on  the  chief  executive  and  the  presi- 
dent must  rely  in  a  great  measure  upon  the  judgment  of 
heads  of  departments,  and  members  of  congress,  as  to  the 
fitness  of  those  appointed.  If  the  senate  refuses  to  con- 
firm an  appointment,  another  must  be  made. 

Appointments  are  made  for  the  presidential  term,  but  the 
president  may  at  any  time  remove  any  officers,  and  it  is 
customary  for  appointed  officials  to  retain  their  i)ositions 
until  their  successors  are  appointed  and  qualified  by  the 
succeeding  administration. 

Civil  Service.  Civil  ser\'ice  is  the  term  applied  to  the 
employees  of  the  nation  and  state,  not  included  in  the  mili- 


266  IOWA  y\ND  THE  NATION 

tary,  naval  and  judicial  branches  of  the  government.  The 
civil  service  of  the  United  States  was  estabhshed  in  1883. 
The  purpose  of  the  act  as  declared  in  its  title  is  "to  regu- 
late and  improve  the  civil  service  of  the  United  States." 
The  act  provides  for  a  commission  of  three  members,  a 
chief  examiner  and  a  secretary,  all  with  offices  at  Washing- 
ton, D.  C. 

The  service  is  divided  into  classes  such  as  the  Depart- 
mental Service,  the  Customs  Service,  the  Postal  Service, 
etc.  Applications  should  be  made  to  the  Civil  Service  Com- 
mission at  Washington,  stating  the  class  which  the  applicant 
wishes  to  enter.  The  necessary  blanks  will  then  be  for- 
warded to  be  filled  out  and  returned  to  Washington,  or  to 
such  branch  office  as  may  be  designated.  Applicants  must 
be  citizens  of  the  United  States  and  of  proper  age.  (The 
age  limit  is  fixed  for  each  class.)  Political  or  religious 
belief,  sex  or  color  do  not  affect  the  applicants'  standmg, 
but  persons  addicted  to  the  use  of  intoxicating  liquors  to 
excess  are  not  eligible. 

Applications  are  made  through  competitive  examination. 
Two  examinations  a  year  are  held,  full  directions  for  which 
can  be  obtained  on  application  to  the  commission.  The 
appointments  are  made  on  a  six-months'  trial.  In  1915  there 
were    about    470,000    government    employees    under    civil 

service. 

Officials  who  receive  their  appointment  by  the  president 

with  the  concurrence  of  the  senate,  judges  of  United  States 

courts,  private  secretaries  and  other  confidential  employees 

of  heads  of  departments  are  not  included  in  the  civil  service. 

Clause  3. — Vacancies — Hoiv  Filled 

The  president  shall  have  power  to  fill  up  all  vacancies  that 
max  happen  during  the  recess  of  the  senate,  by  granting, 
commissions  zvhich  shall  expire  at  the  end  of  their  next 
session. 


THE  EXECUTIVE  P.R.WCH  267 

This  clause  was  considered  necessary  in  order  that  official 
positions  in  which  vacancies  occur  may  be  filled  by  the  chief 
executive  during  the  time  the  senate  is  not  in  session.  The 
appointment  runs  to  the  close  of  the  next  session  of  the 
senate,  in  order  not  to  compel  that  body  to  change  its  plan 
of  business,  or  to  oblige  it  to  reach  a  decision  in  the  appoint- 
ment of  officers  at  any  specified  time. 

Section  111.     Duties  of  the  President 

He  shall  from  time  to  time  give  to  congress  information 
of  the  state  of  the  Union,  and  recommend  to  their  considera- 
tion such  measures  as  he  shall  judge  }iecessary  and  expe- 
dient; he  may,  on  extraordinary  occasions,  convene  both 
houses  or  either  of  them,  and  in  case  of  disagreement 
between  them,  zvith  respect  to  the  time  of  adjournment,  he 
may  adjourn  them  to  such  time  as  he  shall  think  proper; 
he  shall  receive  ambassadors  and  other  public  ministers; 
he  shall  take  care  that  the  lazvs  be  faithfully  executed,  and 
shall  commission  all  officers  of  the  United  States. 

President's  Message.  This  report  is  called  the  Presi- 
dent's Message.  Washington  and  Adams  delivered  their 
messages  in  the  form  of  an  address  to  congress,  but  JeiTer- 
son  resorted  to  a  written  message  and  this  plan  was  followed 
without  exception,  until  Wilson's  administration.  President 
Wilson  returned  to  the  first  plan  and  has  delivered  his 
messages  in  person. 

Special  Session.  Congress  has  been  called  in  special 
session  only  a  few  times  in  our  history,  but  the  senate  is 
often  required  to  remain  in  session  to  confirm  appointments, 
after  the  adjournment  of  the  house  of  representatives.  This 
often  happens  in  the  odd-numbered  years,  and  especially 
those  in  which  there  is  a  change  of  president.     The  term  of 


268  TOWA  AND  THE  NATION 

office  of  representatives  expires  on  the  day  the  president  is 
inaugurated  and  there  may  be  no  necessity  for  re-organizing 
the  house  at  that  time.  The  senate,  by  remaining  in  session 
a  month  or  so  at  the  beginning  of  the  presidential  term, 
can  ratify  the  appointment  of  such  officers  as  the  president 
considers  it  necessary  to  name  at  that  time. 

Diplomatic  Corps.  The  appointment  of  ambassadors, 
ministers,  consuls  and  other  representatives  of  our  govern- 
ment to  foreign  countries  is  an  important  duty,  and  it  is 
of  scarcely  less  importance  that  the  official  representatives 
of  other  nations  should  be  properly  received  by  the  president. 

Enforcement  of  Laws.  But  the  highest  duty  of  the 
president  is  to  see  that  the  laws  of  the  United  States  are 
properly  enforced.  The  president  cannot  do  this  work 
alone,  but,  by  the  power  vested  in  him,  he  commissions 
others  to  do  the  work.  His  work,  officially,  is  to  sign  public 
documents,  commissions^  and  other  papers  relating  to  the 
enforcement  of  the  laws. 

He  signs  the  commissions  of  all  officers  of  the  United 
States.  These  commissions  are  countersigned  by  the  secre- 
tary of  state,  and  sealed  with  the  great  seal  of  the  United 
States. 

Section  IV.     Removal  from  Office 

The  president,  z'ice-president,  and  all  ck'il  officers  of  the 
United  States,  shall  be  removed  from  office  on  impeachment 
for,  and  conviction  of,  treason,  bribery,  or  other  high  crimes 
and  misdemeanors. 

The  subject  of  impeachment  is  discussed  on  page  203. 

Treason.  Bribery.  Treason  is  defined  by  the  Consti- 
tution in  language  clear  and  definite.  Bribery  is  one  of 
the  most  difficult  crimes  to  punish  because  of  the  difficulty 
of  detection.     The  person  who  gives,  or  even  offers  a  bribe 


THE  EXECUTIVK  BRANCH  269 

is  guilty  of  a  crime,  but  the  constitutional  provision  given 
above  applies  only  lo  civil  officers.  The  punishnicni  for 
bribery  is  fixed  l)y  law  and  the  i)enalties  are  very  severe. 
Nearly  all  the  states  provide  by  law  that  an}-  person  found 
guilty  of  offering  to  purchase  the  influence  of  any  officer 
or  public  agent  by  an  oft'er  of  money,  or  other  articles  of 
value,  is  guilty  of  felony,  and,  in  addition  to  other  punish- 
ment, he  is  forever  disqualihed  from  exercising  the  right 
of  suft'rage,  and  from  holding  any  i)osition  of  honor,  trust 
or  profit,  under  the  constitution  or  laws  of  the  state. 

QUESTIONS  AND  SUGGESTIONS 

1.  If  a  person  of  sound  mind  were  confined  in  an  insane 
asylum,  how  could  he  procure  his  release? 

2.  Explain  the  difference  between  direct  and  indirect 
taxes. 

3.  Who  pays  the  duty  on  silk?    On  cotton  goods? 

4.  Is  our  present  tariff  a  protective  tariff?     Give  rea- 
sons for  your  answer. 

5.  Can  an  American  citizen  receive  a  title  of  nobility? 
Has  such  a  title  ever  been  conferred  upon  an  American? 

6.  Could  Iowa  form  an  alliance  with  Canada?     Willi 
Minnesota? 

7.  Was  the  president  of  congress  under  the  Articles  of 
Confederation  president  of  the  United  States? 

8.  Is  there  any  law  against  a  president's  holding  his 
office  more  than  two  terms? 

9.  How  many  presidential  electors  has  Iowa? 

10.  Supposing  the  next  president  should  be  elected  by 
the  house  of  representatives,  how  many  votes  would  be 
required  to  elect? 

11.  Why  was  the  present  presidential  succession  law 
necessary?     Has  it  ever  been  a])plied? 


270  IOWA  AND  THE  NATION 

12.  Debate:  Resolved,  that  the  members  of  the  cabinet 
should  have  seats  in  congress  and  take  part  in  the  proceed- 
ings of  that  body. 

13.  When  was  the  parcel  post  established?  Of  what 
benefit  is  it  to  the  country  ? 

14.  If  you  wished  to  become  a  mail  carrier  how  would 
you  proceed  to  secure  the  position? 

15.  If  the  governor  of  Iowa  should  need  the  assistance 
of  United  States  troops  to  quell  an  insurrection,  what  steps 
would  he  have  to  take  to  secure  them? 

16.  Can  the  president  order  the  Iowa  National  Guards 
into  Illinois  to  quell  an  insurrection? 

17.  Debate:  Resolved,  that  the  president  and  vice- 
president  of  the  United  States  should  be  elected  by  direct 
vote  of  the  people. 

18.  If  you  were  to  travel  abroad  and  desired  a  passport, 
to  whom  would  you  apply  for  it? 

19.  Can  the  president  be  required  to  enforce  a  law 
passed  over  his  veto? 

20.  Debate :  Resolved,  that  a  direct  tax  is  more  just 
than  an  indirect. 


CHAPTER  VIII 

ARTICLE    HI 
Judicial  Department 

Necessity.  A  judicial  l)rauch  of  the  government  was 
an  absolute  necessity.  Under  the  Articles  of  Confederation, 
there  was  no  tribunal  to  interpret  the  laws  of  congress,  or 
to  decide  cases  of  law  and  equity  between  the  states  or  the 
inhabitants  thereof. 

An  effort  was  made  to  make  this  branch  of  the  govern- 
ment as  nearly  independent  of  the  other  two  branches  as 
possible.  To  prevent  the  judges  of  the  principal  courts 
from  feeling  any  dependence  upon  any  other  authority,  these 
officers  are  appointed  for  a  longer  term  than  those  of  either 
of  the  other  branches. 

Section  I.     Organization 

The  judicial  pozvcr  of  the  United  States  shall  be  vested  in 
one  supreme  court,  and  in  such  inferior  courts  as  the  con- 
gress may  from  time  to  time  ordain  and  establish.  The 
judges,  both  of  the  supreme  and  inferior  courts,  shall  hold 
their  offices  during  good  behavior,  and  shall  at  stated  times 
receive  for  their  services  a  compensation  zvhich  shall  not 
be  diminished  during  their  continuance  in  office. 

Supreme  Court.  The  supreme  court  of  the  United 
States  is  the  highest  judicial  authority  of  the  nation.  At 
first,  there  were  six  judges  of  the  supreme  court,  and  this 

271 


272  .  IOWA  AND  THE  NATION 

number  was  at  one  time  increased  to  ten.  As  the  court  is 
often  divided  in  opinion  upon  subjects  referred  to  it  for  set- 
tlement, it  was  found  advisable  to  have  an  odd  number  of 
judges  compose  the  court.  The  number  was  then  reduced 
to  nine,  which  it  now  is,  and  any  six  members  constitute  a 
quorum.  The  decision  of  a  majority  of  the  court  is  the 
decision  of  the  court.  If  any  member  objects  to  a  decision 
that  has  been  made  by  the  court,  he  is  privileged  to  render 
a  minority  opinion,  differing  from  the  action  of  the  major- 
ity. One  term  of  the  supreme  court  is  held  at  Washington 
each  year,  beginning  on  the  first  Monday  in  December. 

Chief  Justice.  One  of  the  members  of  the  supreme  court 
is  known  as  the  chief  justice,  and  the  other  eight,  as  asso- 
ciate justices.  If  a  vacancy  occurs  in  the  office  of  chief 
justice,  the  position  is  filled  by  appointment  in  the  usual 
way,  and  thus  it  sometimes  happens  that  a  person  who  has 
had  no  experience  as  judge  of  any  court  may  be  appointed 
chief  justice  of  the  United  States  supreme  court. 

Tenure  of  Office.  Judges  of  the  supreme  court  and  sev- 
eral of  the  inferior  courts  are  appointed  to  serve  during 
good  behavior.  This  provision  is  certainly  a  wise  one,  as 
it  insures  impartial  decisions.  If  judges  were  appointed 
for  a  short  time  of  service,  they  might  be  influenced  by  an 
undue  desire  for  re-election,  and  their  decisions  might  be 
modified,  more  or  less,  on  that  account. 

Retirement.  Judges,  whose  tenure  of  oflfice  is  good 
behavior,  may  retire  from  active  service  on  arriving  at  the 
age  of  seventy,  provided  they  have  had  at  least  ten  years' 
service  in  the  position  to  be  resigned.  They  receive  full 
salary  for  the  remainder  of  their  lives. 

Attorney-General.  The  attorney-general  is  at  the  head 
of  the  Department  of  Justice  and  a  member  of  the  presi- 
dent's cabinet.  His  duties  consist  in  appearing  before  the 
supreme  court  as  a  lawyer  to  defend  the  interests  of  the 


JUDICIAL  DEPARTMENT  273 

United  States,  and  in  furnishing  the  president  and  heads 
of  departments  of  the  government  legal  ()])ini(>ns  u])on  cjues- 
tions  submitted  U)  him. 

Circuit  Courts.  Congress  has  ])r()vided  for  such  infer- 
ior courts  as  have  been  found  necessary.  The  circuit  courts 
are  inferior  only  to  the  supreme  court.  The  United  States 
is  separated  into  nine  judicial  circuits,  and  a  justice  of  the 
supreme  court  is  assigned  to  each  of  these  circuits  as  cir- 
cuit judge  ex-officio.  It  is  the  duty  of  the  justice  of  the 
supreme  court  to  hold  one  session  of  circuit  court  at  every 
place  in  his  circuit  where  such  court  is  held,  at  least  once 
in  two  years. 

Judges.  Two  circuit  judges  are  also  appointed  for 
each  of  the  circuits  of  the  United  States.  Their  time  is 
occupied  with  the  duties  of  their  ofifice,  except  as  explained 
hereafter.  The  tenure  of  office  of  circuit  judges  is  prac- 
tically for  life,  as  the  only  limitation  fixed  by  the  constitu- 
tion for  judges  in  general  is  "during  good  behavior."  An 
additional  circuit  judge  is  appointed  for  the  second,  third, 
fifth,  sixth,  eighth,  and  ninth  circuits,  on  account  of  the 
vast  amount  of  business  to  be  done  by  this  court  in  those 
districts. 

Judicial  Circuits.  The  circuits  of  the  United  States  are 
as  follows : 

1.  Maine.  New  Hampshire,  Massachusetts,  and  Rhode 
Island. 

2.  Vermont,  Connecticut,  and  New  York. 

3.  New  Jersey,  Pennsylvania,  and  Delaware. 

4.  Maryland,  West  Virginia,  \'irginia.  North  Carolina, 
and  South  Carolina. 

5.  Georgia,  Florida,  Alabama,  Mississippi,  Louisiana, 
and  Texas. 

6.  Ohio.  Michigan,  Kentucky,  and  Tennessee. 

7.  Indiana,   Illinois,  and  Wisconsin. 


274  IOWA  AND  THE  NATION 

8.  Minnesota,  Iowa,  Missouri,  Arkansas,  Nebraska, 
Kansas,  Colorado,  North  Dakota,  South  Dakota,  Wyoming, 
Utah,  New  Mexico,  and  Oklahoma. 

9.  California,  Oregon,  Nevada,  Montana,  Washington, 
Arizona,  and  the  territories  of  Alaska  and  Hawaii. 

Circuit  Court  of  Appeals.  In  1891,  congress  authorized 
a  circuit  court  of  appeals  for  each  judicial  circuit  of  the 
United  States.  The  judge  of  the  supreme  court,  the  circuit 
and  district  judges  of  any  circuit  are  made  the  judges  of 
this  court.  When  the  court  has  been  organized  with  a  full 
bench,  there  are  present,  the  judge  of  the  supreme  court 
assigned  to  that  circuit,  either  circuit  judge  of  the  circuit, 
and  any  of  the  district  judges  within  the  circuit.  Any  two 
such  judges  constitute  a  quorum,  and  they  may  transact 
regularly  all  the  business  of  the  court. 

Presiding  Officer.  The  judge  of  the  supreme  court,  if 
present,  serves  as  the  presiding  officer  of  the  circuit  court  of 
appeals,  but  in  his  absence,  the  court  is  presided  over  by 
the  circuit  judge  present  who  has  had  the  longest  term  of 
service. 

Sessions.  One  term  of  this  court  is  held  annually,  and 
the  place  of  meeting  in  each  circuit  is  designated  by  law  as 
follows : 

First  Circuit,  Boston; 

Second  Circuit,  New  York; 

Third  Circuit,  Philadelphia ; 

Fourth  Circuit,  Richmond ; 

Fifth  Circuit,  New  Orleans; 

Sixth  Circuit,  Cincinnati ; 

Seventh  Circuit,  Chicago ; 

Eighth  Circuit,  St.  Louis ; 

Ninth  Circuit,  San  Francisco. 

Purpose.  This  court  was  designed  as  a  means  of  reliev- 
ing the  supreme  court  of  the  United  States,  and  also  the 


JUDICIAL  DEPARTMENT  275 

existing  circuit  courts.  r>oth  of  these  courts  had  been 
crowded  with  business,  which  was  delayed  year  after  year, 
and  some  rehef  became  absolutely  necessary. 

Appeals.  The  most  important  provision  of  the  law  relat- 
ing to  the  jurisdiction  of  the  circuit  court  of  appeals  is, 
that  no  appeal  shall  hereafter  be  taken  from  the  district 
courts  to  the  existing  circuit  courts.  Such  appeals  may  be 
taken  to  the  supreme  court  or  to  the  circuit  court  of  appeals. 
Appeals  in  certain  cases  may  be  made  from  the  regular  cir- 
cuit court  to  the  circuit  court  of  appeals,  but  the  judge 
before  whom  any  cause  was  tried  in  the  lower  court  is 
prohibited  from  serving  as  a  judge  of  the  composite  court. 

District  Court.  Each  judicial  circuit  is  separated  into 
several  districts,  and  there  is  a  district  judge  appointed  for 
each  district.  Judges  of  this  court  are  appointed  to  serve 
during  good  behavior.  Their  appointment  is  made  in  the 
same  manner  as  the  other  United  States  judges,  and  they 
are  given  the  same  privilege  of  retiring  from  active  service 
at  a  specified  time. 

District  Attorney.  Each  judicial  district  has  a  district 
attorney  appointed  by  the  president  to  represent  the  govern- 
ment in  cases  arising  in  the  district  and  circuit  courts. 

Other  Officers.  Each  district  has  a  United  States  mar- 
shal, whose  duties  correspond,  in  general,  to  those  of  county 
sheriff.  The  district  attorneys  and  marshals  are  appointed 
for  an  indefinite  time,  although  the  term  is  nominally  four 
years,  and  a  change  of  the  political  party  in  powder  generally 
brings  about  a  change  of  all  these  officers.  Each  court  also 
has  a  clerk  who  is  appointed  by  the  judge  of  that  court. 
Each  principal  names  such  assistants  as  are  necessary  to 
aid  him  in  the  discharge  of  his  duties,  and  he  is  responsible 
for  the  work  done  by  them. 

Court  of  Claims.     This  court  was  established  in  1855, 
and  it  has  an  important  work  to  perform.     It  has  jurisdic- 


276  IOWA  AND  THE  NATION 

tion  over  certain  claims  against  the  United  States  which 
involve  disputed  points  of  law,  "where  the  amount  claimed 
exceeds  three  thousand  dollars,  or  where  the  decision  will 
effect  a  class  of  cases  or  furnish  a  precedent  for  the  action 
of  any  executive  department  in  the  adjustment  of  a  class 
of  cases,  or  where  any  authority,  right,  privilege,  or  exemp- 
tion is  claimed  or  denied  under  the  Constitution." 

The  chief  of  any  department  may  refer  to  this  court  any 
claim  that  it  may  have  pending,  and  it  then  becomes  the 
duty  of  the  court  to  look  up  the  law  involved  and  give  its 
opinion  as  to  the  validity  of  the  claim.  The  departments 
are  thus  relieved  of  much  business  that  can  be  done  in  a 
more  careful  manner  by  the  court  of  claims.  Congress  also 
refers  certain  claims  to  this  court   for  investigation. 

If  a  claim  brought  against  the  United  States  is  examined 
by  the  court  of  claims  and  allowed,  the  amount  is  paid  out 
of  the  treasury  of  the  United  States  without  a  special  appro- 
priation by  congress.  Claims  referred  to  this  court  by  any 
department  or  by  congress  are  not  allowed  by  the  court, 
but  its  recommendations  in  such  cases  are  generally  fol- 
lowed. 

Membership.  The  court  consists  of  five  members,  and 
the  concurrence  of  three  members  is  necessary  to  decide 
a  case.  The  regular  annual  sessions  are  held  at  Washing- 
ton, beginning  on  the  first  Alonday  in  December.  Claims  to 
be  settled  by  this  court  must  be  commenced  within  six 
years  from  the  time  they  originated. 

Supreme  Court  of  District  of  Columbia.  The  supreme 
court  of  the  District  of  Columbia  is  an  important  court. 
It  has  charge  of  such  cases  as  are  tried  in  the  circuit  and 
district  courts  of  the  United  States,  but  its  jurisdiction  is 
limited  to  the  district.  It  consists  of  a  chief  justice  and  five 
associates.  There  is  also  a  court  of  appeals  of  the  District 
of  Columbia,  consisting  of  three  members,  one  of  whom  is 


JUDICIAL  1)1-:  PART  M  EXT  277 

known  as  the  chief  justice.  The  term  of  office  of  these 
judges   is   during  good  behavior. 

Territorial  Courts.  The  outlying  possessions  of  tlie 
United  States — Alaska,  Hawaii,  the  Philippine  Islands  and 
Porto  Rico — have  territorial  courts.  Each  territory  is 
divided  into  judicial  districts,  the  judges  for  which  are 
appointed  by  the  president.  The  judges  of  the  territory 
sitting  together  constitute  the  Supreme  Court  of  the  terri- 
tory. Cases  appealed  from  the  district  courts  are  examined 
by  the  supreme  court.  When  the  court  consists  of  an  even 
number  of  judges  the  division  of  one-half  the  number  is 
the  division  of  the  court,  otherwise  a  majority  is  required 
for  a  decision.  The  term  of  the  judges  is  four  years,  but 
their  term  expires  with  the  admission  of  the  territory  as  a 
state. 

Salaries.  The  salaries  of  all  officers  of  the  judicial 
branch  of  our  government  are  fixed  by  act  of  congress, 
and  are  payable  monthly. 

Supreme  Court.  The  salary  of  the  chief  justice  of  the 
supreme  court  is  $15,000  a  year,  and  that  of  the  associate 
justices,  $14,500.  The  justice  of  the  supreme  court  who 
serves  as  circuit  judge  in  the  ninth  circuit  is  allowed  $1,000 
a  year  as  additional  compensation   for  traveling  expenses. 

Circuit  and  District  Judges.  Circuit  judges  and  judges 
of  the  circuit  court  of  appeals  are  paid  $7,000;  district 
judges,  $6,000. 

Other  Courts.  The  chief  justice  of  the  court  of  claims 
receives  $6,500  and  the  associate  justices  $6,000.  The  chief 
justice  of  the  court  of  appeals.  District  of  Columbia, 
receives  $6,500  and  the  associate  justices  $6,000.  The  chief 
justice  of  the  supreme  court  of  the  District  receives  $5,500 
and  the  associate  justices  $5,000. 

Time  and  Place  of  Meeting.  The  terms  of  the  circuit 
and   district   courts   of  the   United    States  are   held   in   the 


278  IOWA  AND  THE  NATION 

several  divisions  of  the  northern  district  of  Iowa  as  fol- 
lows : — In  the  Cedar  Rapids  division,  at  Cedar  Rapids,  on 
the  first  Tuesday  in  April,  and  the  second  Tuesday  in  Sep- 
tember. In  the  eastern  division,  at  Dubuque,  on  the  fourth 
Tuesday  in  April,  and  the  first  Tuesday  in  December.  In 
the  western  division,  at  Sioux  City,  on  the  fourth  Tuesday 
in  May,  and  the  first  Tuesday  in  October.  In  the  central 
division,  at  Fort  Dodge,  on  the  second  Tuesday  in  June,  and 
the  second  Tuesday  in  November. 

In  the  southern  district  of  Iowa,  the  terms  are  held  as 
follows : — In  the  western  division,  at  Council  Bluffs,  on 
the  second  Tuesday  in  ]\Iarch,  and  the  third  Tuesday  in 
September.  In  the  eastern  division,  at  Keokuk,  on  the 
second  Tuesday  in  April,  and  the  third  Tuesday  in  October. 
In  the  central  division,  at  Des  Moines,  on  the  second  Tues- 
dav  in  ^lay,  and  the  third  Tuesday  in  November. 

Section  II.     Jurisdiction  of  Courts 

Clause  I. — Extent 

The  judicial  poivcr  shall  extend  to  all  cases,  in  law  ami 
equity,  arising  under  this  constitution,  the  laz^'s  of  the 
United  States,  and  treaties  made  or  ivhich  shall  he  made, 
under  their  authority;  to  all  cases  affecting  ambassadors, 
other  public  ministers,  and  consuls;  to  all  cases  of  admiralty 
jurisdiction;  to  controversies  to  zvhich  the  United  States 
shall  be  a  party;  to  controversies  betzveen  two  or  more 
states;  beween  a  state  and  citizens  of  another  state;  between 
citizens  of  different  states;  betzveen  citizens  of  the  same 
state  claiming  lands  under  grants  of  different  states,  and 
betzveen  a  state  or  the  citizens  thereof,  and  foreign  states, 
citizens,  or  subjects. 


JUDICIAL  nKPARTMl-XT  279 

Jurisdiction.  This  clause  was  intended  to  define  in 
general  terms  the  jurisdiction  of  the  courts  of  tlie  United 
States,  but,  as  will  be  seen,  there  is  no  division  of  autliority 
made  by  tlie  Constitution.  The  supreme  court  determines 
the  constitutionality  of  laws  passed  by  congress,  when  an 
appeal  has  been  made  to  it,  in  a  proper  manner,  from  a  lower 
court. 

Laii'.  Equity.  Cases  of  law  are  generally  under  the 
original  jurisdiction  of  the  inferior  courts,  subject  to  appeal 
to  the  supreme  court,  as  provided  in  the  clause  relating 
to  that  court.  Equity  cases  are  those  which  are  not  covered 
by  express  terms  of  any  law,  but  are  such  as,  in  justice, 
demand  settlement  by  the  courts  of  the  land. 

Kinds  of  Jurisdiction.  Jurisdiction  is  original,  appellate, 
concurrent,  or  exclusive.  When  a  suit  must  be  commenced 
in  a  certain  court,  that  court  is  said  to  have  original  juris- 
diction over  the  matter.  If  a  case  that  has  been  decided 
by  one  court  may  be  appealed  to  a  higher  court,  the  latter 
is  said  to  have  appellate  jurisdiction.  If  a  suit  may  be  com- 
menced in  either  of  two  courts,  at  the  option  of  the  plaintiff, 
the  courts  have  concurrent  jurisdiction.  And  when  a  case 
may  be  settled  by  the  court  in  wdiich  it  is  first  examined, 
and  from  whose  decision  there  is  no  appeal,  the  jurisdiction 
is  exclusive. 

Clause  2. — Jurisdiction  of  the  Supreme  Court 

In  all  cases  affecting  ambassadors,  other  public  ministers, 
and  consuls,  and  those  in  ^chich  a  state  shall  be  a  party,  the 
supreme  court  shall  have  original  jurisdiction.  In  all  the 
other  cases  before  mentioned,  the  supreme  court  shall  have 
appellate  jurisdiction,  both  as  to  law  and  fact,  zeith  such 
exceptions  and  under  such  regulations  as  the  congress  shall 
make. 


280  IOWA  AND  THE  NATION 

Supreme  Court.  In  the  class  of  cases  mentioned  in  the 
first  sentence,  the  Supreme  Court  alone  has  jurisdiction. 
The  decision  of  this  court  is  final.  Certain  cases  may  be 
settled  by  the  inferior  courts,  and  from  their  decision  there 
is  no  appeal,  but.  as  a  rule,  a  party  aggrieved  by  the  decision 
of  a  lower  court  may  appeal  to  the  Supreme  Court. 

Circuit  Court.  In  general,  the  circuit  courts  of  the  United 
States  have  original  jurisdiction  over  civil  cases  in  which 
the  amount  of  money  or  the  value  of  property  involved  is 
not  less  than  $2,000.  It  is  also  a  court  of  equity,  and  a 
court  for  the  trial  of  cases  arising  under  the  patent  and 
copyright  laws  of  the  United  States. 

District  Court.  The  district  courts  of  the  United  States 
are  entrusted  with  the  punishment  of  crimes  committed  in 
violation  of  United  States  law.  They  have  general  juris- 
diction over  admiralty  cases,  crimes  committed  on  the  high 
seas,  counterfeiting,  violations  of  the  revenue  laws,  and 
bankruptcy. 

Sfxtion  III.     Treason 

Clause  I. 

Treason  against  the  United  States  shall  consist  only  in 
levying  zvar  against  them,  or  in  adhering  to  their  enemies, 
giving  them  aid  and  comfort.  No  person  shall  be  convicted 
of  treason  unless  on  the  testimony  of  two  witnesses  to  the 
same  overt  act,  or  on  confession  in  open  court. 

This  definition  of  treason  is  a  clear  one,  requiring  little 
explanation.  It  is  understood  by  the  term  "overt  act,"  that 
some  definite  act  of  treason  must  be  done  to  bring  a  person 
under  penalty  for  treason.  The  mere  conspiring  against 
the  government  or  entering  into  a  plot  to  subvert  its  author- 
itv  is  not  treason.     There  must  be  two  witnesses  who  tes- 


JUDICIAL  DEPARTMF.NT  281 

tify  to  tlie  same  overt,  or  iniblic,  act  of  treason,  or  the 
offender  must  confess  his  crime  in  o])en  court,  in  order 
that  there  may  be  conviction. 

Clause  2. — Fiiiiishment 

The  congress  shall  lun-e  potver  to  declare  the  punishment 
of  treason,  but  no  attainder  of  treason  shall  work  corrup- 
tion of  blood  or  forfeiture  except  during  the  life  of  the 
person  attainted. 

This  prohibition  upon  congress  to  pass  a  bill  of  attainder 
of  treason  seems  a  strange  one  to  us  in  these  days  of  per- 
sonal liberty,  but  not  many  generations  before  the  adoption 
of  the  Constitution,  parliament  passed  very  severe  laws  for 
the  punishment  of  treason  among  British  subjects.  The 
person  deemed  guilty  of  treason  was  often  seized  and  put 
to  death  with  great  cruelty,  his  property  was  confiscated 
by  the  crown,  and  his  legal  heirs  were  declared  to  be  dis- 
qualified from  inheriting  or  transmitting  property.  This 
clause  shows  the  growth  of  liberal  sentiment  in  matters  of 
government. 

Clause   5. — Crimes 

The  trial  of  all  crimes,  except  iii  cases  of  impeachment, 
shall  be  by  jury,  and  such  trial  shall  be  held  in  the  state 
where  said  crimes  shall  have  been  committed;  but  ivhen  not 
committed  within  an^  state,  the  trial  shall  be  at  such  place 
or  places  as  congress  may  by  laiv  hair  directed. 

Jury  Trial.  The  right  to  a  trial  liy  jury  in  criminal 
cases  is  guaranteed  to  all  persons  accused  within  the  United 
States.  This  rule  applies  in  all  such  cases,  whether  in  vio- 
lation of  state  or  national  law.  In  colonial  times,  persons 
accused  of  crimes  were  taken  to  England  to  be  tried.    This 


282  IOWA  AND  THE  NATION 

was  considered  very  unjust,  and  this  practice  was  one  of 
the  causes  of  the  Revolution.  Impeachment  is  excepted, 
because  the  Constitution  provides  the  method  by  which  such 
cases  are  to  be  disposed  of. 

Punishments.  Congress  has  provided  by  law  for  the  pun- 
ishment of  ofifenses  committed  in  the  territories,  and  in 
other  places  subject  to  the  authority  of  the  general  govern- 
ment, but  not  under  state  control.  The  states  are  given 
control  of  their  boundary  rivers  to  the  middle  of  the  main 
channel  for  the  purpose  of  preventing  them  from  becoming 
a  highway  of  escape  for  criminals. 

QUESTIONS  AND  SUGGESTIONS 

1.  If  a  person  were  arrested  for  passing  counterfeit 
money,  in  what  court  would  he  be  tried  ? 

2.  John  Jones  sent  Henry  Smith  a  letter  by  mail  chal- 
lenging him  to  fight  a  duel.  To  what  official  should  Smith 
apply  to  secure  Jones's  arrest  and  trial  for  violating  the 
postal  laws? 

3.  What  justice  of  the  supreme  court  presides  over  the 
circuit  court  in  your  circuit? 

4.  Who  are  the  justices  of  the  supreme  court?  Who 
is  chief  justice? 

5.  If  you  should  sue  the  state  of  Iowa,  in  what  court 
would  the  case  be  tried? 

6.  What  body  decides  whether  or  not  an  act  of  congress 
is  constitutional? 

7.  Who  appears  for  the  United  States  when  the  govern- 
ment is  party  to  a  case  on  trial  before  the  supreme  court? 

8.  Could  a  justice  of  the  supreme  court  of  Iowa  preside 
over  a  United  States  court? 

9.  Debate:  Resolved  that  trial  by  jury  should  be 
abolished. 


CHAPTER  IX 

ARTICLE  IV 

THE  RELATIONS   OE  THE  STATES 

Section   L     State  Records 

Full  faith  and  credit  shall  be  (jiveti  in  each  state  to  the 
public  acts,  records,  and  judicial  proceedings  of  e-7'ery  other 
state.  And  the  co)i(jress  may  by  yeneral  laws  prescribe  the 
manner  in  which  such  acts,  records,  and  proceedings  shall 
be  proved,  and  the  effect  thereof. 

Value.  This  provision  served  to  place  the  states  on 
a  friendly  footing.  In  no  other  way  could  the  founders  of 
the  Constitution  hope  to  establish  justice  among  the  states. 
So  valuable  has  this  clause  proved,  that  the  decision  of  a 
suit  at  law  in  one  state  is  very  often  made  the  basis  of 
settlement  of  a  similar  case  in  another  state. 

Illustration.  Each  state  may  have  its  own  statutes  relat- 
ing to  records  of  different  kinds.  For  example,  South 
Dakota  requires  two  witnesses  to  the  signature  of  persons 
deeding  real  estate,  in  addition  to  the  proper  acknowledg- 
ment of  the  signatures  before  some  officer  authorized  to 
take  such  acknowledgment.  In  Iowa,  no  witnesses  are 
required.  A  resident  of  South  Dakota,  wishing  to  deed 
land  he  may  own  in  Iowa,  must  comply  with  the  Iowa  law, 
and  a  person  in  Iowa,  to  properly  deed  land  in  South 
Dakota,  must  comply  with  the  law  of  the  latter  state. 

283 


284  IOWA  AND  THE  NATION 

Certified  Records.  Certified  copies  of  records  and  judicial 
proceedings  may  be  sent  from  one  state  to  another  to  be 
used  in  evidence,  and,  if  properly  certified,  they  have  the 
same  force  and  efifect  as  though  they  had  occurred  in  the 
state  in  which  they  are  to  be  used  by  transcript. 

Section  II.    Relations  of  Citi.  ens 
Clause  I. — Citizens 

The  citizens  of  each  state  shall  be  entitled  to  all  privileges 
and  immunities  of  citizens  in  the  several  states. 

This  clause  was  the  outgrowth  of  the  bitter  experience 
of  some  of  the  states  in  their  dealings  with  their  neighbors. 
Petty  jealousies  caused  some  of  the  states  to  deny  to  the 
surrounding  states  certain  privileges  that  were  granted  to 
the  citizens  of  more  remote  states.  The  wisdom  of  this 
clause  is  apparent. 

Clause  2. — Fugitives  from  Justice 

A  person  charged  in  any  state  witJi  treason,  felony,  or 
other  crime,  ivho  shall  flee  from  justice,  and  he  found  in 
another  state,  shall,  on  demand  of  the  executive  authority 
of  the  state  from  ivhich  he  fled,  be  delivered  up,  to  be 
removed  to  the  state  having  jurisdiction  of  the  crime. 

Requisition.  The  demand  of  the  executive  authority 
of  a  state  for  the  surrender  of  an  escaped  criminal  is  called 
a  requisitioi.  and  the  official  papers  are  known  as  requisition 
papers.  Criminals  fleeing  from  justice  often  cross  the 
boundary  line  of  a  state  for  the  purpose  of  gaining  time, 
as  a  warrant  issued  in  one  state  can  not  legally  be  served  in 
another.  The  governor  of  a  state  seldom  refuses  to  grant 
the  request  made  in  a  requisition,  although  that  sometimes 


THE  RELATIONS  OF  THE  STATES  285 

happens.     If  it  were  not  for  this  provision  crime  would  lie 
much  more  frecjuent  than  it  now  is. 

Extradition.  The  i)lan  of  t,Mving  uj)  criminals,  when 
application  has  heen  made  in  the  pr(ii)er  manner,  is  often 
resorted  to  hy  nations.  The  laws  relating  U)  this  snljject 
are  called  extradition  laws.  The  United  States  has  made 
extradition  treaties  with  many  of  the  leading  nations  of 
the  earth. 

Clause  5. — Fugitives  from  Serrice 

No  person  held  to  ser7uce  or  labor  in  one  state,  under  the 
lazvs  thereof,  escaping  into  another,  shall,  in  consequence 
of  any  lazv  or  regulation  therein,  be  discharged  from  such 
service  or  labor,  but  shall  be  delivered  up  on  a  claim  of  the 
party  to  whom  such  service  or  labor  may  be  due. 

This  clause  is  ohsolete  owing  to  the  abolition  of  slavery. 

Section  HI.     New  States  and  Territories 

Clause  I. — 7  he  Admission  of  New  States 

New  states  may  be  admitted  by  the  congress  into  this 
Union;  but  no  nezv  state  shall  be  formed  or  erected  zvithin 
the  jurisdiction  of  any  other  state;  nor  shall  any  state  be 
formed  by  the  junction  of  two  or  more  states  or  parts  of 
states,  without  the  consent  of  the  legislatures  of  the  states 
concerned,  as  zvcll  as  of  the  congress. 

New  States.  There  were  thirteen  states  known  as  the 
original  states  at  the  time  of  the  adoption  of  the  Constitution. 
That  instrument  wisely  made  provision  for  the  formation 
and  admission  into  the  Union  of  states  from  territory  to 
be  organized  in  the  future.  With  the  admission  of  Arizona 
and   New    Mexico  in    1912,   the   boundaries  of  the  United 


286 


IOWA  AND  THE  NATION 


States  proper  disappeared.  The  Federal  Union  now  includes 
48  states  and  no  contiguous  territories. 

Territorial  Growth.  The  territorial  growth  of  the 
United  States  is  one  of  the  most  remarkable  phases  of 
modern  history.  The  chief  facts  concerning  their  growth 
are  shown  in  the  following  table : 


Territorial 
Division 


Louisiana   

Florida     

Texas    

Oregon  Territory   .... 

Mexican    Cession    

Gadsden   Purchase    . . . 

Alaska    

Hawaiian  Islands   .... 

Porto   Rico    

Guam    , 

Philippine  Islands  . .  . 
Tutuila  (Samoa  Is.).. 
Additional  Philippine; 
Panama  Canal  Strip   . , 

Total     

Original  Territory    .  . . 

Total     


.  Year 

Area 
Added 

(SQ.  M.) 

1803 

875,025 

1819 

70,107 

1345 

389,795 

1846 

288,689 

1848 

523,802 

1853 

36,211 

1867 

590,884 

1897 

6,449 

1898 

3,435 

1898 

210 

1898 

114,958 

1899 

11 

1901 

68 

1903 

474 

2,900,184 

827.844 

3,728,028 

Purchase 
Price 

$15,000,000 
5,499,768 


18,250,000 

10,000,000 

7,200,000 


20,000,000 
100,000 
$77,039,768* 


*This  does  not  include  $10,000,000  paid  to  Texas  for  territory  out- 
side of  its  present  boundaries,  but  included  in  the  state  at  'the  time 
of  annexation. 


Alaska  and  Haivaii.  Alaska  and  Hawaii  are  organized 
territories.  The  governor,  secretary  and  judges  of  the 
courts  are  appointed  by  the  president.  The  governor  and 
secretary  appoint  the  officers  in  their  respective  departments. 
Each  territory  has  a  legislature  of  two  branches,  and  sends 
a  delegate  to  Congress.     These  delegates  may  take  part  in 


THE  RELATIONS  OF  THE  STATES  287 

discussions  of  matters  pertaining  to  the  welfare  of  territories 
of  the  United  States,  but  they  have  no  vote.  Their  salary 
is  the  same  as  that  of  representatives. 

Other  Insular  Possessions.  Porto  Rico  and  the  Philippine 
Islands  are  not  organized  territories,  l)ut  their  form  of  gov- 
ernment is  similar  to  that  of  a  territory,  hlach  has  a  com- 
mission appointed  by  the  President  of  the  United  States, 
some  members  being  taken  from  the  United  States  and 
others  from  the  islands.  The  legislature  in  the  Philippines 
consists  of  the  Philippine  Assembly,  the  members  of  which 
are  chosen  at  a  general  election.  The  legislature  in  Porto 
Rico  consists  of  the  executive  council  or  upper  house, 
composed  of  the  governor,  secretary,  attorney-general, 
treasurer,  auditor,  commissioner  of  education  and  five  citi- 
zens appointed  by  the  president,  and  the  house  of  delegates 
or  lower  house  elected  by  the  people. 

Guam  and  Tutuila  are  small  islands  in  the  Pacific  Ocean, 
the  latter  being  one  of  the  Samoa  Lslands.  The  governor 
for  each  is  a  naval  officer  nominated  by  the  Navy  Depart- 
ment, and  appointed  by  the  president.  The  Wake  Islands 
lie  between  Hawaii  and  Hong  Kong.  They  are  an  important 
submarine  cable  station.  The  Midway  group  is  occupied 
by  a  company  of  telegraphers. 

Panama  Canal  Zone.  Civil  government  in  the  Canal 
Zone  is  administered  by  a  governor  appointed  by  the  presi- 
dent. For  purposes  of  administration  the  government  is 
divided  into  the  following  departments :  Executive,  Opera- 
tion and  Maintenance,  Supplies,  Accounting,  Health, 
Washington  Office,  Panama  Railroad.  Col.  George  W, 
Goethals,  the  builder  of  the  canal,  was  appointed  the  first 
governor. 

Change  from  Territory  to  State.  Should  Alaska  and 
Hawaii  desire  to  become  states  they  would  have  to  take  the 
following  steps  to  secure  admission  into  the  Union : 


288  IOWA  AND  THE  NATION 

1.  The  delegate  from  the  territory  desiring  admittance 
would  present  this  desire  to  congress. 

2.  If  congress  approved  an  enabling  act  would  be 
passed,  authorizing  the  territory  to  call  a  convention  to 
frame  a  constitution. 

3.  This  constitution  would  be  submitted  to  the  people  of 
the  territory  and  voted  upon.  If  adopted  the  constitution 
would 

4.  r>e  submitted  to  the  president  and  to  congress  for 
approval. 

5.  Should  the  constitution  be  approved,  congress  would 
pass  a  law  declaring  the  territory  a  state. 

6.  The  star  indicating  the  admittance  of  a  new  state  to 
the  Union  would  be  officially  added  to  the  flag  on  the  Fourth 
of  July  following  the  passage  of  the  act  of  admission. 

Section  IV.     State  Government 

TJic  United  States  shall  guarantee  to  every  state  in  tJris 
Unio)t  a  republican  form  of  government,  and  shall  protect 
each  of  them  against  invasion,  and  on  application  of  tlie 
legislature,  or  of  the  executive  (when  the  legislature  cannot 
be  convened ),  against  domestic  liolence. 

Control  Necessary.  In  order  that  this  clause  may  be 
properly  enforced,  congress  must  consent  to  the  admission 
of  a  new  state  after  the  proposed  constitution  has  been 
accepted  by  the  people  of  the  territory  seeking  admission. 
In  case  any  rights  or  privileges  of  a  free  people  are  denied 
or  abridged,  or  if  the  proposed  constitution  is  objectionable 
for  any  other  reason,  congress  may  refuse  to  admit  the 
territory  as  a  state.  The  people  of  Iowa  territory  made 
three  attempts  to  gain  admission  before  their  efiforts  were 
crowned  with  success.    Congress  passed  a  bill  for  the  admis- 


THE  RELATIONS  OE  THE  STATES  289 

sion  of   Colorado   in    1866.  and   anollier   in    1867,   l)nt   l)ntli 
were  vetoed  ])y  I 'resident  Johnson. 

Invasion.  I iisnrrcclioii.  Sint\'  ilic  states  surrrndcrcd  lo 
congress  the  control  of  the  army  and  navy  of  the  nati(jn,  it 
is  right  tliat  there  should  be  some  guaranty  of  ])rotection  to 
the  states  in  case  of  invasion  or  insurrection.  During  the 
labor  troubles  of  1894,  the  president  sent  United  States 
troops  to  Chicago  to  aid  in  sup])ressing  the  strikes.  It  is 
not  often  tliat  trooi)s  ha\'e  been  needed  for  the  ])Urpose 
indicated  in  tliis  section.  - 


CHAPTER  X 
ARTICLE  V 

Amendments  to  the  Constitution 

The  congress,  whenever  tzvo-fhirds  of  both  houses  shall 
deem  it  necessary,  shall  propose  amendments  to  this  consti- 
tution, or  on  application  of  the  legislatures  of  two-thirds  of 
the  several  states,  shall  call  a  convention  for  proposing 
amendments,  zchich,  in  either  case,  shall  be  valid  to  all 
intents  and  purposes,  as  a  part  of  this  constitution^  when 
ratified  by  the  legislatures  of  three-fourths  of  the  several 
states,  or  by  conventions  in  three-fourths  thereof,  as  the 
one  or  the  other  mode  of  ratification  may  be  proposed  by  the 
congress;  provided,  that  no  amendment,  zvhich  may  be  made 
prior  to  the  year  one  thousand  eight  hundred  and  eight, 
shall,  in  any  manner,  affect  the  first  and  fourth  clauses  in 
the  ninth  section  of  the  first  article;  and  that  no  state, 
zvithout  its  consent,  shall  be  deprived  of  its'  equal  suffrage 
in  the  senate. 

Processes.  The  Constitution  provides  two  methods 
for  its  own  amendment,  but  the  first  method  has  alone  been 
tried.  All  the  amendments  that  have  been  adopted  were 
proposed  by  congress  and  ratified  by  the  state  legislatures. 
Nearly  a  thousand  amendments  have  been  proposed  in  con- 
gress, but  only  seventeen  have  been  adopted. 

Bill  of  Rights.  That  the  Constitution  was  not  entirely 
satisfactory  to  the  people  at  the  time  of  its  adoption  is  shown 
by  the  fact  that  the  first  ten  amendments  were  proposed  by 

290 


AMENDMENTS  TO  COXSTITUTTOX  291 

congress  at  its  first  session.  These  amendments  arc  often 
called  the  "1 5111  of  Rights."  They  were  ratified  by  the  states, 
and  declared  to  be  a  part  of  the  Constitution  in  1701.  Twelve 
amendments  were  voted  on  at  this  time,  but  only  ten  of 
them  received  the  approval  of  the  states. 

Other  Amendments.  The  eleventh  amendment  was 
adopted  in  1798  and  the  twelfth  in  1803.  There  were  no 
other  amendments  until  the  close  of  the  Civil  War,  when  the 
thirteenth,  fourteenth  and  fifteenth  were  adopted.  These 
amendments  virtually  contain  all  clauses  in  the  Constitution 
pertaining  to  slavery.  "The  thirteenth  amendment  freed 
the  negro,  the  fourteenth  made  him  a  citizen,  and  the 
fifteenth  gave  him  the  right  to  vote." 

The  sixteenth  amendment,  adopted  in  1913,  gives  Congress 
the  power  to  lay  and  collect  taxes  on  incomes ;  the  seven- 
teenth, adopted  in  1913,  provides  for  the  election  of  United 
States  senators  by  the  people. 

ARTICLE  I 

Freedom  Guaranteed 

Congress  shall  make  no  hvi<'  respecting  an  establishment 
of  religion,  or  prohibiting  the  free  exercise  thereof;  or 
abridging  the  freedom  of  speech  or  of  the  press;  or  the 
right  of  the  people  peaceably  to  assemble  and  to  petition  the 
government  for  a  redress  of  grievances. 

Religious  and  Political  Freedom.  One  of  the  chief 
causes  leading  to  the  founding  of  English  colonies  in  America 
was  religious  persecutions.  Closely  allied  with  this  w^as 
political  persecution,  which  caused  citizens  to  be  imjjrisoned 
and  sometimes  to  sufifer  death  for  uttering  or  publishing  criti- 
cisms on  the  government  or  any  of  the  prominent  officials. 
The  members  of  the  Constitutional  Convention  were  keenly 


292  IOWA  AND  THE  NATION 

alive  to  these  conditions  and  determined  that  they  should 
never  become  possible  in  the  United  States. 

This  clause  should  not  be  interpreted,  however,  to  confer 
a  license  to  utter  publicly  anything  of  a  slanderous  nature, 
knowing  such  to  be  false.  To  guard  against  this,  every 
state  has  enacted  libel  laws  which  hold  the  citizens  thereof 
responsible  for  their  public  utterances.  Under  these  laws 
the  original  party  may  bring  suit  for  damages  against  the 
party  making  such  false  statements.  Therefore  public  utter- 
ances tending  to  injure  the  character  of  another,  whether 
as  a  public  official  or  a  private  citizen,  should  be  made  with 
great  care. 

ARTICLE  II 
Right  to  Bear  Arms 

A  well  regulated  militia  being  necessary  to  the  security 
of  a  free  state,  the  right  of  the  people  to  keep  and  hear 
arms  shall  not  be  infringed. 

The  subject  of  the  militia  has  been  discussed  in  another 
part  of  this  volume.  This  amendment  must  not  be  con- 
strued to  give  individuals  the  right  to  carry  concealed 
weapons.  Such  a  practice  is  considered  a  dangerous  one, 
and  is  made  a  misdemeanor  by  most  of  the  states. 

ARTICLE  III 
Quartering    Soldiers 

No  soldier  shall,  in  time  of  peace,  he  quartered  in  any 
house  li'ithout  the  consent  of  the  owner;  nor  in  time  of  war, 
but  in  a  manner  prescribed  by  late. 

The  "quartering  act,"  passed  by  parliament,  aroused  the 
anger  of  the  people  of  ^Massachusetts  in  the  days  preceding 


AMENDMEN'I'S  TO  CONSTITUTIOX  293 

the  Revolution.  It  is  no  wonder  tliat  the  people  desired  to 
be  secure  against  military  interference  in  either  peace  or 
war.  As  we  are  not  a  warlike  people,  it  has  always  been 
the  policy  of  the  government  to  make  the  military  subordi- 
nate to  the  civil  power. 

ARTICLE  IV 

Security   Against   Unwarranted    Searchers 

The  riyht  of  people  to  be  secure  in  fheir  persons,  houses, 
papers,  and  effects,  against  unreasonable  searches,  and 
seizures,  shall  not  be  violated ;  and  no  warrants  shall  issue 
but  upon  probable  cause,  supported  by  oath  or  affirm- 
ation, and  particularly  describing  the  place  to  be  searched, 
and  the  persons  or  things  to  be  seized. 

Search  Warrant.  If  a  person  suspects  that  property 
which  has  been  stolen  from  him  is  secreted  in  a  certain 
place,  he  may  go  before  a  justice  of  the  peace  or  other 
similar  officer  and  swear  out  a  search  warrant.  That  is,  he 
must  take  oath  that  he  has  good  reason  to  believe  that  the 
missing  property  is  there  secreted.  The  search  warrant 
will  be  placed  in  the  hands  of  a  sherifif  or  constable,  and  the 
search  made  as  authorized  by  the  warrant.  General  search 
warrants  are  prohibited  by  this  amendment. 

ARTICLE  V 
Life,  Liberty  and  Property 

No  person  shall  be  held  to  ajiszver  for  a  capital  or  other- 
wise infamous  crime  unless  on  a  presentment  or  indictment 
of  a  grand  jury,  except  in  cases  arising  in  the  land  or  naral 
forces,  or  in  the  militia,  'ichen  in  actual  service  in  time  of 
zvar,  or  public  danger ;  nor  shall  any  person  be  subject  for 


294  IOWA  AND  THE  NATION 

the  same  offense  to  he  tzvice  put  in  jeopardy  of  life  or  limb; 
nor  shall  be  compelled  in  any  criminal  case  to  be  a  ivitness 
against  himself,  nor  be  deprived  of  life,  liberty,  or  property, 
ivithout  due  process  of  lazv;  nor  shall  private  property  be 
taken  for  public  useivithoiit  just  compensation. 

Purpose.  This  article  applies  to  all  the  states,  as  well 
as  to  cases  arising  under  United  States  law.  Nearly  all 
the  states  have  incorporated  this  amendment  in  their  con- 
stitutions. Offenses  in  the  army,  navy  and  militia  are 
punished  by  court  martial. 

Persons  Accused.  When  a  person  accused  of  crime  has 
been  convicted  and  punished  for  the  offense,  he  cannot 
be  required  to  submit  to  another  trial  or  punishment.  In 
case  of  a  disagreement  of  a  jury,  the  person  accused  will 
be  held  for  a  second  trial.  It  is  a  wise  provision  that  grants 
to  a  person  accused  of  crime  the  right  to  remain  silent,  if 
he  chooses.  This  is  on  the  principle  that  every  person 
charged  with  crime  is  considered  innocent  until  he  has  been 
proved  guilty.  The  right  to  a  fair  and  impartial  trial  is 
also  assured  to  every  criminal. 

Property  Condemned.  Private  property  cannot  be  seized 
to  satisfy  debts  or  judgments,  without  due  process  of  law. 
It  sometimes  becomes  necessary  to  convert  private  property 
to  the  use  of  the  public.  Property  thus  taken  is  said  to  be 
condemned,  and  this  can  be  done  only  by  awarding  to  the 
owner  just  compensation  for  the  property  seized. 

ARTICLE  VI 

Rights  of   Persons  Accused 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial  by  an  impartial  jur;y  of 
the  state  and  district  ivherein  the  crime  shall  have  been 
committed,  i^^hich  district  shall  have  been  previously  ascer- 


AMENDMENTS  TO  CONSTITUTION  295 

taincd  by  law,  and  to  be  iiifor)iicd  of  tlic  nature  and  cause  of 
the  accusation;  to  be  confronted  icit/i  the  i^'itnesses  against 
him;  to  have  compulsory  process  for  obtainiuy  -a'itnesses 
in  his  favor ;  and  to  have  the  assistance  of  counsel  for  his 
defense. 

Fair  Trial.  It  will  be  seen  that  it  is  the  purpose  of  the 
constitution  to  give  every  person  accused  of  crime  the 
benefit  of  any  reasonable  doubt  as  to  his  guilt,  and  also  to 
put  him  to  as  little  inconvenience  as  possible  in  submitting 
to  a  trial.  Not  every  person  accused  of  crime  is  found 
guilty,  and  it  is  intended  that  innocent  persons  shall  not  be 
made  to  suffer  for  offenses  committed  by  others. 

Judicial  Districts.  The  districts  referred  to  are  designated 
by  congress  or  by  the  state  legislature.  Iowa  is  separated 
into  two  United  States  judicial  districts — northern  and 
southern — and  violators  of  the  laws  of  congress  are  tried 
in  the  district  in  which  the  offense  is  committed.  Each 
county  is  a  district  for  judicial  purposes  in  most  of  the 
states  for  the  enforcement  of  state  law. 

Rights  of  Accused.  A  person  accused  of  crime  must 
be  informed  of  the  nature  of  the  offense,  and  he  must  also 
be  confronted  by  the  witnesses  against  him.  Witnesses 
summoned  in  behalf  of  a  person  accused  of  crime  are 
compelled  to  attend  the  trial,  and  counsel  for  the  accused 
is  also  provided — at  the  expense  of  the  state,  if  necessary. 
No  pains  will  be  spared  to  enable  a  person  to  show  himself 
to  be  innocent  of  the  crime  with  which  he  is  charged,  if  it 
can  be  done. 

ARTICLE  VII 

Jury  Trial  in  Common-Law  Suits 

In  suits  at  common  law,  wJiere  the  amount  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall 


296  IOWA  AND  THE  NATION 

be  preserved;  and  no  fact  tried  by  a  jury  sliall  be  otherwise 
re-examined  in  any  court  of  the  United  States,  than  accord- 
ing to  the  nih\^  of  common  lazv. 

This  doubtless  is  intended  to  apply  to  civil  suits,  and  to 
any  other  cases  not  specially  designated  by  preceding 
amendments.  In  the  trial  of  any  case,  the  judge  or  justice 
interprets  the  law  as  he  understands  it,  and  the  jury 
arrives  at  the  facts  in  the  case,  so  far  as  they  are  brought 
out  by  the  evidence,  A  new  trial  may  be  held  before 
the  same  court  for  good  cause  shown.  In  the  hearing 
of  a  case  before  a  higher  court  on  appeal,  the  facts,  as  shown 
in  the  lower  court  may  be  examined  for  the  purpose  of 
determining  whether  the  court's  rulings  have  been  properly 
made,  and  whether  the  law  in  the  case  has  been  properly 
applied,  or  not. 

ARTICLE  VIII 
Excessive  Bails,  Fines  and  Punishments  Forbidden 

Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishment  inflicted. 

The  language  of  this  article  is  in  harmony  with  the  other 
amendments  relating  to  punishments.  Bail  should  not  be 
excessive,  and  tines  are  intended  to  be  commensurate  with 
the  nature  of  the  ofifenses  to  be  punished.  Our  courts  are 
disposed  to  be  lenient  in  dealing  with  criminals,  and  yet 
justice  tempered  with  mercy  is  to  be  desired  in  many  cases, 
rather  than  justice  with  undue  severity, 

ARTICLE  IX 
Rights  Reserved 

The  enumeration  in  the  constitution  of  certain  rights  shall 
not  be  construed  to  deny  or  disparage  others  retained  by 
the  people. 


AMEXD-MENTS  TO  COXSTITUTIOX  297 

It  is  intended  that  all  rights  properly  Ijelonging  to  a  free 
people  shall  be  enjoyed  by  the  inhabitants  of  the  United 
States.  This  clause  reserves  to  the  people  all  their  personal 
rights,  except  such  as  are  specially  surrendered  for  the 
common  good  by  express  provisions  of  the  Constitution. 

ARTICLE  X 

Limitations  ok  the  Xatioxai.  Govern mext 

The  powers  not  delegated  to  the  United  States  by  the 
constitution,  nor  prohibited  by  it  to  the  states,  are  reserved 
to  the  states  respectively,  or  to  the  people. 

This  amendment  is  so  plain  that  its  purpose  is  easily  under- 
stood. By  it  we  are  to  understand  that  any  powers  not 
specially  delegated  to  the  general  government  are  reserved 
to  the  states  respectively,  or  to  the  people.  In  other  words, 
the  powers  of  our  national  government  are  fully  defined 
in  the  Constitution. 

ARTICLE  XI 

Limit  to  Jurisdiction  of  United  States  Courts 

The  judicial  poi^'er  of  the  United  States  shall  not  be 
construed  to  extend  to  aiiy  suit  in  la7c  or  equity,  coninicnced 
or  prosecuted  against  one  of  the  United  States  by  citizens  of 
another  state,  or  by  citizens  or  subjects  of  any  foreign  state. 

By  this  amendment  it  is  provided  that  a  state  cannot  be 
sued  by  a  citizen  of  other  states,  or  by  subjects  of  any  foreign 
power.  It  is  supposed  that  a  state  will  be  willing  to  pay  its 
honest  debts,  if  able  to  do  so.  A  claim  against  a  state,  not 
specially  provided  for  by  law,  is  paid  by  an  appropriation 
made  by  the  legislature. 


298  IOWA  AND  THE  NATION 

ARTICLE  XII 

Methods  of  Choosing  President  and  Vice-President 

This  amendment  is  discussed  fully  in  connection  with  the 
executive  branch  of  the  government. 

ARTICLE  XIII 
Slavery 

Neither  slavery  nor  inroliintary  servitude,  except  as  a 
punishment  for  crime,  zvhereof  the  party  shall  have  been 
duly  convicted,  shall  exist  within  the  United  States,  or  any 
place  subject  to  their  jurisdiction. 

Congress  shall  have  poiver  to  enforce  this  article  by 
appropriate  legislation. 

This  article  abolished  slavery.  The  Emancipation  Proc- 
lamation, issued  by  President  Lincoln  in  1863,  was  intended 
as  a  war  measure,  and  while  its  purpose  was  to  free  the 
slaves  in  those  districts  which  were  then  in  rebellion  against 
the  government,  it  did  not  disturb  slavery  as  an  institution. 

ARTICLE  XIV 

RECONSTRUCTION 

Section  I.     Citizenship 

All  persons  born  or  naturalized  in  the  United  States,  and 
subject  to  the  jurisdiction  thereof,  are  citizens  of  the  United 
States  and  of  the  state  zvherein  they  reside.  No  state  shall 
make  or  enforce  any  law  zvhich  shall  abridge  the  privileges 
or  immunities  of  citizens  of  the  United  States;  nor  shall  any 


AMENDMENTS  TO  CONSTITUTION  299 

state  deprkr  any  person  of  life,  liberty,  or  property,  ivithout 
due  process  of  laiv,  nor  deny  to  any  person  zvithin  its  juris- 
diction the  equal  protection  of  the  laz^'s. 

Until  the  adoption  of  the  fourteenth  amenchnent.  citizen- 
ship was  a  subject  about  which  there  was  much  dispute. 
It  was  claimed  by  some  that  citizenship  can  only  be  con- 
ferred by  the  general  government,  while  others  were  eciually 
certain  that  the  whole  subject  is  one  that  each  state  must 
settle  for  itself.  The  language  of  the  amendment  is  so 
clear  as  to  leave  no  doubt  as  to  the  use  of  the  term  citizen. 
This  amendment  was  adopted  especially  in  the  interest  of 
the  negroes  who  had  been  freed  from  slavery. 

Section  II.     Representation 

Representatives  shall  be  apportioned  among  the  several 
states  according,  to  their  respective  numbers,  counting  the 
whole  number  of  persons  in  each  state,  excluding  Indians 
not  taxed.  But  ivhen  the  right  to  vote  at  any  election  for 
the  choice  of  electors  for  president  and  vice-president  of 
the  United  States,  representatives  in  congress,  the  executive 
and  judicial  officers  of  a  state,  or  the  members  of  the  legis- 
lature thereof,  is  denied  to  any  of  the  male  inhabitants  of 
such  state,  being  twenty-one  years  of  age,  and  citizens  of 
the  United  States,  or  in  any  way  abridged,  except  for  partici- 
pation in  rebellion  or  other  crime,  the  basis  of  representation 
therein  shall  be  reduced  in  the  proportion  zvhich  the  number 
of  such  male  citir;ens  shall  bear  to  the  zvhole  number  of 
male  citizens  tzventy-one  years  of  age  in  such  state. 

The  effect  of  this  section  was  to  include  the  emancipated 
slaves  in  the  basis  of  representation.  When  the  constitu- 
tion was  adopted,  it  provided  that  in  addition  to  the  white 
population  and  Indians  who  were  taxed,  three-fifths  of  all 
other  persons  should  be  counted  in  apportioning  representa- 


300  IOWA  AND  THE  NATION 

tives.  By  this  plan,  five  slaves  were  counted  as  three  whites. 
The  latter  part  of  the  section  is  intended  to  prevent  the 
states  from  placing  any  restriction  upon  the  right  of  the 
negro  to  vote,  if  qualified  according  to  the  constitution  of 
the  state  in  which  he  resides.  And  in  case  any  such  restric- 
tion is  made,  the  persons  thus  deprived  of  the  right  to  vote 
are  not  to  be  counted  in  determining  the  representation  of 
that  state  in  congress. 

Section  III.     Effects  of  Rebellion 

A-o  person  shall  be  a  senator  or  representative  in  congress 
or  elector  of  president  or  zice-president,  or  hold  any  office, 
civil  or  military,  under  the  United  States,  or  under  any  state, 
zi'ho,  having  previously  taken  oath,  as  a  member  of  congress, 
or  as  an  officer  of  the  United  States,  or  as  a  member  of  any 
state  legislature,  or  as  an  executive  or  judicial  officer  of  any 
state,  to  support  the  constitution  of  the  United  States,  shall 
have  engaged  in  insurrection  or  rebellion  against  the  same 
or  given  aid  or  comfort  to  the  enemies  thereof.  But  con- 
gress may,  b,y  a  tivo-thirds  vote  of  each  house,  remove  such 
disability. 

This  section  has  special  reference  to  those  Avho  had 
engaged  in  rebellion  against  the  United  States  during  the 
Civil  War.  President  Johnson  pardoned  all  participants 
in  the  war  who  would  take  the  oath  of  allegiance  to  the 
United  States,  and  nearly  all  of  the  Confederates  accepted 
his  ofifer.  The  amendment,  however,  is  still  in  force,  and 
should  any  body  of  citizens  engage  in  rebellion  against  the 
government  they  would  thereby  deprive  themselves  of  the 
right  to  vote. 

Section  IV.     War  Debts 

The  validity  of  the  public  debt  of  the  United  States, 
authorized  by  hnc,  including  debts  incurred  for  the  payment 


AMENDMENTS  TO  CONSTITUTION  301 

of  pensions  and  bouniics  for  scrziccs  in  suppressing,  insur- 
rection or  rebellion,  shall  not  be  questioned,  but  neither  the 
United  States,  nor  any  state,  shall  assume  or  pay  any  debt 
or  obligation  incurred  in  aid  of  rebellion  against  the  United 
States,  or  any  claim  for  the  loss  or  emancipation  of  atiy 
slave;  but  all  such  debts,  obligations,  and  claims  shall  be  held 
illegal  and  void. 

Section  V 

The  cojigress  shall  Iuit'c  poicer  to  enforce  by  appropriate 
legislation  the  provisions  of  this  article. 

The  debt  of  the  United  States  was  enormous  at  the  close 
of  the  RebelHon,  amounting,  as  it  did,  to  ahnost  three  bilhon 
dollars.  In  addition  to  paying  this  debt,  the  government 
is  pledged  to  the  payment  of  bounties  and  pensions  allowed 
Union  soldiers  for  their  efforts  in  putting  down  the 
Rebellion.  A  few  years  ago,  fully  one-third  of  the  total 
revenue  of  the  government  was  used  for  the  payment  of 
pensions. 

The  debt  of  the  Confederate  States  incurred  in  waging 
war  against  the  government  was  repudiated,  but  the  claims 
of  those  citizens  in  the  Confederate  States  who  remained 
loyal  to  the  Union  throughout  the  war,  for  property 
destroyed,  were  generally  allowed. 

ARTICLE  XV 

Section  I.     Suffrage 

The  rights  of  citizens  of  the  United  States  to  vote  shall 
not  be  denied  or  abridged  by  the  United  States,  or  by  any 
state,  on  account  of  race,  color,  or  preinous  condition  of 
servitude. 


302  IOWA  AND  THE  NATION 

Section  II 

The  congress  shall  have  poiver  to  enforce  this  article  by 
appropriate  legislation. 

The  purpose  of  this  amendment  is  very  clear,  but  its 
effect  shows  clearly  how  a  state  may  avoid  complying  with 
the  spirit  of  the  Constitution  in  matters  in  which  the  state 
is  supreme.  Since  the  qualifications  of  voters  are  determined 
l)y  the  state,  many  Southern  States  have  passed  laws  requir- 
ing educational  and  property  qualifications  for  voting  which 
practically  disfranchise  many  negroes. 

ARTICLE  XVI 
Income  Tax 

The  Congress  shall  have  poiver  to  lay  and  collect  taxes  on 
incomes,  from  zvhatever  source  derived,  without  apportion- 
ment among  the  several  states,  and  zmthout  regard  to  any 
census  or  enumeration. 

Proposed  in  1909.  This  amendment  was  proposed  by 
congress  in  1909,  because  a  previous  income-tax  law  passed 
by  that  body  was  declared  unconstitutional  by  the  Supreme 
Court.  The  income-tax  law  passed  after  the  adoption  of 
this  amendment  applies  to  all  citizens  of  the  United  States, 
whether  at  home  or  abroad,  to  resident  aliens,  and,  in  some 
instances,  to  non-resident  aliens. 

ARTICLE  XVII 
Direct  Election  of  Sen.\toiis 
Section  I 

The  senate  of  the  United  States  shall  be  composed  of  two 
senators  from  each  state,  elected  by  the  people  thereof  for 


AMENDMENTS  TO  CONSTITUTION  303 

six  years,  and  each  senator  shall  have  one  vote.  The  electors 
in  each  state  shall  have  the  qitalifications  requisite  fo^ 
electors  of  the  most  umnerous  branch  of  the  state  legisla- 
tures. 

Section  II 

When  z'acancics  happen  in  the  representation  of  any 
state  in  the  senate  the  executive  authority  of  such  state 
shall  issue  zvrits  of  election  to  fill  z'acancies:  Provided, 
that  the  legislature  of  any  state  may  empozver  the  executive 
thereof  to  make  temporary  appointments  until  the  people 
fill  the  vacancies  by  election  as  the  legislature  may  direct. 

Section  III 

This  amendment  shall  not  be  so  construed  as  to  affect  the 
election  or  term  of  any  soiator  chosen  before  it  becomes 
valid  as  part  of  the  constitution. 

The  effect  of  this  amenchnent  has  been  explained  in  con- 
nection with  the  election  of  senators. 


QUESTIONS  AND  SUGGESTIONS 

1.  Why  are  marriages  solemnized  in  one  state  legal  in 
all  states? 

2.  What  were  the  last  states  admitted  to  the  Union? 

3.  Flow   are   each   of   the    following  governed :      Porto 
Rico?     Philippines?    Panama  Canal  Zone? 

4.  How   many   stars  in   the  United   States   flag?     How 
many  stripes?    What  does  the  number  of  stripes  represent? 

5.  Could  Iowa  change  its  government  to  any  form  but 
republican  ? 

6.  Why  were  so  many  amendments  to  the  Constitution 
ratified  soon  after  its  adoption? 


304  IOWA  AND  THE  NATION 

7.  What  powers  are  reserved  to  the  people? 

8.  Can   a   state   repudiate  its   debts?     Have   any   states 
ever  repudiated  their  debts? 

9.  What    led    to    the    proposal   and    ratification    of    the 
seventeenth  amendment  to  the  Constitution? 

10.  Debate :     Resolved,  that  the  income  tax  should  be 
abolished. 


CHAPTER  XI 

CONSTITUTION 

ARTICLE  VI 

General  Provisions 

Clause  I. — Debts  Assumed 

All  debts  contracted  and  engagements  entered  into  before 
the  adoption  of  this  constitution,  shall  be  as  valid  against 
the  United  States  under  this  constitution  as  under  the  con- 
federation. 

The  credit  of  the  new  government  was  at  stake,  and 
while  it  was  suggested  by  some  members  of  the  Constitutional 
Convention  that  the  debts  incurred  during  the  Revolution 
need  not  be  assumed  by  the  new  government,  it  was  agreed 
that  the  debts  of  the  Confederation  should  be  recognized  as 
debts  under  the  Constitution.  It  was  a  heroic  deed,  and 
this  stands  as  a  glowing  tribute  to  the  honor  and  integrity 
of  the  founders  of  our  government. 

Clause  2. — Supremacy   of  the  Nation 

This  constitution,  and  the  laws  of  the  United  States 
zvhich  shall  be  made  in. pursuance  thereof,  and  all  treaties 
made,  or  which  shall  be  made,  under  the  authority  of  the 
United  States,  shall  be  the  supreme  law  of  the  land;  and  the 
judges  in  every  state  shall  be  bound  thereby,  anything  in 

305 


306  IOWA  AND  THE  NATION 

the  constitution  or  lazvs  of  any  state  to  the  contrary  notzvith- 
standing.. 

Nation  Supreme.  It  would  seem  as  though  there  could 
be  no  misunderstanding  of  the  language  of  this  clause,  and 
yet  the  doctrine  of  "state's  rights"  was  openly  advocated 
for  many  years.  That  doctrine  was,  in  substance,  that  when- 
ever a  conflict  arose  between  the  nation  and  any  state,  the 
authority  of  the  state  was  considered  supreme. 

Lazvs  of  Congress,  It  sometimes  happens  that  congress 
passes  a  law  which  is  in  opposition  to  the  provisions  of  the 
constitution  of  some  state.  While  the  authority  of  congress 
is  supreme  in  such  cases,  it  is  customary  to  give  the  state 
or  states  affected  a  reasonable  time  in  which  to  make  the 
necessary  changes. 

Clause  J. — Oath  of  Office 

The  senators  and  representatives  before  mentioned,  and 
the  members  of  the  several  state  legislatures,  and  all  executive 
and  judicial  officers,  both  of  the  United  States  and  of  the 
several  states,  shall  be^  bound  by  oath  or  affirmation,  to 
support  this  constitution;  but  no  religious  test  shall  ever 
be  required  as  a  qualification  to  any  office  of  public  trust 
under  the  United  States. 

Every  civil  officer  of  the  United  States  and  of  the  several 
states  is  required  to  take  an  oath  of  office.  Those  who  are 
opposed  to  subscribing  to  an  oath,  on  account  of  conscien- 
tious scruples,  are  permitted  to  solemnly  affirm  that  they 
will  support  the  Constitution  of  the  United  States  (and  of 
the  state,  if  a  state  officer),  "under  the  pains  and  penalties 
for  perjury." 

The  abolition  of  a  religious  test  as  a  qualification  for  office 


CONSTITUTION  307 

seemed  strange  to  many  people  a  century  ago.  At  that  time 
nearly  every  civilized  nation  on  the  earth  required  that  its 
officers  should  all  be  members  of  the  established  church. 
The  religious  freedom  guaranteed  in  other  parts  of  the 
Constitution  could  hardly  have  been  made  practicable  with- 
out the  addition  of  this  clause. 

ARTICLE  VII 
Ratification  of  the  Constitution 

The  ratification  of  the  conventions  of  nine  states  shall  be 
sufficient  for  the  establishment  of  this  constitution  between 
the  states  so  ratifying,  the  same. 

The  refusal  of  Maryland  to  ratify  the  Articles  of  Con- 
federation for  so  many  years  led  to  the  adoption  of  this 
article.  It  was  thought  proper  for  the  new  government 
to  begin  its  work  whenever  the  assent  of  two-thirds  of  all 
the  states  had  been  given  to  the  Constitution.  By  the  time 
the  government  was  organized,  eleven  states  had  agreed  to 
be  governed  by  the  new  plan,  and  it  was  not  long  until  the 
remaining  two  of  the  thirteen  original  states  were  added 
to  the  sisterhood. 


APPENDIX  I 
CONSTITUTION  OF  IOWA 

Preamble.  We,  the  People  of  the  State  of  Iowa,  grateful  to  the 
Supreme  Being  for  the  blessings  hitherto  enjoyed,  and  feeling  our 
dependence  on  Him  for  a  continuation  of  those  blessings,  do  ordain 
and  establish  a  free  and  independent  government,  by  the  name  of 
the  State  of  loiva,  the  boundaries  whereof  shall  be  as  follows : 

Boundary.  Beginning  in  the  middle  of  the  main  channel  of  the 
Mississippi  river,  at  a  point  due  east  of  the  middle  of  the  mouth  of 
the  main  channel  of  the  Des  INloines  river,  thence  up  the  middle 
of  the  main  channel  of  the  said  Des  IMoines  river,  to  a  point  on 
said  river  where  the  northern  boundary  line  of  the  state  of 
Missouri — as  established  by  the  constitution  of  that  State,  adopted 
June  12,  1820 — crosses  the  said  middle  of  the  main  channel  of  the 
said  Des  Moines  river,  thence  westwardly  along  the  said  northern 
boundary  line  of  the  state  of  Missouri,  as  established  at  the  time 
aforesaid,  until  an  extension  of  said  line  intersects  the  middle  of 
the  main  channel  of  the  Missouri  river;  thence  up  the  middle 
of  the  main  channel  of  the  said  Missouri  river  to  a  point  opposite 
to  the  middle  of  the  main  channel  of  the  Big  Sioux  river,  accord- 
ing to  Nicollet's  map;  thence  up  the  main  channel  of  the  said 
Big  Sioux  river,  according  to  the  said  map,  until  it  is  intersected 
by  the  parallel  of  forty-three  degrees  and  thirty  minutes  north 
latitude ;  thence  east  along  said  parallel  of  forty-three  degrees  and 
thirty  minutes,  until  said  parallel  intersects  the  middle  of  the  main 
channel  of  the  Mississippi  river ;  thence  down  the  middle  of  the 
main  channel  of  the  said  Mississippi  river  to  the  place  of  beginning. 

ARTICLE  I.— Bill  of  Rights 

Section  1.  Rights  of  Persons.  All  men  are,  by  nature,  free  and 
equal,  and  have  certain  inalienable  rights,  among  which  ar-e  those 
of   enjoying   and    defending   life   and    liberty,    acquiring,   possessing, 

309 


310  IOWA  AND  THE  NATION 

and    protecting    property,    and   pursuing    and    obtaining    safety    and 
happiness. 

Section  2.  Political  Power.  All  political  power  is  inherent  in  the 
people.  Government  is  instituted  for  the  protection,  security,  and 
benefit  of  the  people,  and  they  have  the  right,  at  all  times,  to  alter 
or  reform  the  same,  whenever  the  public  good  may  require  it. 

Section  3.  Religion.  The  general  assembly  shall  make  no  law 
respecting  an  establishment  of  religion,  or  prohibiting  the  free  exer- 
cise thereof;  nor  shall  any  person  be  compelled  to  attend  any  place 
of  worship,  pay  tithes,  taxes,  or  other  rates,  for  building  or  repair- 
ing places  of  worship,  or  the  maintenance  of  any  minister  or 
ministry. 

Section  4.  Religious  Test.  No  religious  test  shall  be  required  as 
a  qualification  for  any  office  of  public  trust,  and  no  person  shall  be 
deprived  of  any  of  his  rights,  privileges  or  capacities,  or  disqualified 
from  the  performance  of  any  of  his  public  or  private  duties,  or 
rendered  incompetent  to  give  evidence  in  any  court  of  la\v  or  equity, 
in  consequence  of  his  opinions  on  the  subject  of  religion;  and 
any  party  to  any  judicial  proceeding  shall  have  the  right  to  use 
as  a  witness,  or  take  the  testimony  of,  any  other  person,  not 
disqualified  on  account  of  interest,  who  may  be  cognizant  of  any 
fact  material  to  the  case;  and  parties  to  suits  may  be  witnesses,  as 
provided  by  law. 

Section  5.  Dueling.  Any  citizen  of  this  state  who  may  hereafter 
be  engaged,  either  directly  or  indirectly,  in  a  duel,  either  as  principal 
or  accessory  before  the  fact,  shall  forever  be  disqualified  from 
holding  any  office  under  the' constitution  and  laws  of  this  state. 

Section  6.  Lau's  Uniform.  All  laws  of  a  general  nature  shall 
have  a  uniform  operation;  the  general  assembly  shall  not  grant  to 
any  citizen  or  class  of  citizens,  privileges  or  immunities,  which 
upon  the  same  terms  shall  not  equally  belong  to  all  citizens. 

Section  7.  Liberty  of  Speech  and  Press.  Every  person  may 
speak,  write  and  publish  his  sentiments  on  all  subjects,  being 
responsible  for  the  abuse  of  that  right.  No  law  shall  be  passed  to 
restrain  or  abridge  the  liberty  of  speech  or  of  the  press.  In  all 
prosecutions  or  indictments  for  libel,  the  truth  may  be  given  in 
evidence  to  the  jury,  and  if  it  appears  to  the  jury  that  the  matter 
charged  as  libelous  was  true,  and  was  published  with  good  motives 
and  for  justifiable  ends,  the  party  shall  be  acquitted. 


CONSTITU'JION  311 

Section  8.  Personal  Security.  The  right  of  people  to  be  -ecurc 
in  their  persons,  houses,  papers  and  effects,  against  unreasonable 
seizures  and  searches  shall  not  be  violated ;  and  no  warrant  shall' 
issue  but  on  probable  cause,  supported  by  oath  or  affirmation,  par- 
ticularly describing  the  place  to  be  searched,  and  the  persons  and 
things  to  be  seized. 

Section  9.  Trial  by  Jury.  The  right  of  trial  by  jury  shall  re- 
main inviolate,  but  the  general  assembly  may  authorize  trial  by  a 
jury  of  a  less  number  than  twelve  men  in  inferior  courts;  but  no 
person  shall  be  deprived  of  life,  liberty,  or  property  without  due 
process  of  law. 

Section  10.  Rights  of  Persons  Accused.  In  all  criminal  prose- 
cutions, and  in  cases  involving  the  life  or  liberty  of  an  individual, 
the  accused  shall  have  a  right  to  a  speedy  and  public  trial  by  an 
impartial  jury;  to  be  informed  of  the  accusation  against  him;  to 
have  a  copy  of  the  same  when  demanded ;  to  be  confronted  with 
the  witnesses  against  him ;  to  have  compulsory  process  for  his 
witnesses;  and  to  have  the  assistance  of  counsel. 

Section  11.  Indictnient.  All  oi^'enses  less  than  felony  and  in 
which  the  punishment  does  not  exceed  a  fine  of  one  hundred  dol- 
lars, or  imprisonment  for  thirty  days,  shall  be  tried  summarily 
before  a  justice  of  the  peace,  or  other  officer  authorized  by  law, 
on  information  under  oath,  without  indictment,  or  the  interven- 
tion of  a  grand  jury,  saving  to  the  defendant  the  right  of  appeal; 
and  no  person  shall  be  held  to  answer  for  any  higher  criminal 
offense,  unless  on  presentment  or  indictment  by  a  grand  jury, 
except  in  cases  arising  in  the  army  or  navy,  or  in  the  militia, 
when  in  actual  service,  in  time  of  war  or  public  danger. 

Section  12.  Ti^icc  Tried. — 5(7/7.  No  person  shall,  after  acquittal, 
be  tried  for  the  same  offense.  All  persons  shall,  before  conviction, 
be  bailable  by  sufficient  sureties,  except  for  capital  offenses,  where 
the  proof  is  evident,   or  the  presumption   great. 

Section  13.  Habeas  Corpus.  The  writ  of  habeas  corpus  shall 
not  be  suspended  or  refused  when  application  is  made  as  required  by 
law,  unless  in  case  of  rebellion  or  invasion,  the  public  safety  may 
require  it. 

Section  14.  Military.  The  military  shall  be  subordinate  to  the 
civil   power.      No   standing   army  shall   be   kept   up   by   the   state   in 


312  IOWA  AND  THE  NATION 

time  of  peace;  and  in  time  of  war,  no  appropriation  for  a  standing 
army  shall  be  for  a  longer  time  than  two  years. 

Section  15.  Quartering  Troops.  No  soldier  shall,  in  time  of 
peace,  be  quartered  in  any  house  without  the  consent  of  the 
owner,  nor  in  time  of  war  except  in  the  manner  prescribed  by  law. 

Section  16.  Treason.  Treason  against  the  state  shall  consist  only 
in  levying  war  against  it,  adhering  to  its  enemies,  or  giving  them 
aid  and  comfort.  No  person  shall  be  convicted  of  treason,  unless 
on  the  evidence  of  two  witnesses  to  the  same  overt  act,  or  confession 
in  open  court. 

Section  17.  Bail,  Punishment.  Excessive  bail  shall  not  be 
required ;  excessive  fines  shall  not  be  imposed,  and  cruel  and  unusual 
punishment  shall  not  be  inflicted. 

Section  18.  Property.  Private  property  shall  not  be  taken  for 
public  use  without  just  compensation  first  being  made,  or  secured 
to  be  made,  to  the  owner  thereof,  as  soon  as  the  damages  shall  be 
assessed  by  a  jury,  who  shall  not  take  into  consideration  any 
advantages  that  may  result  to  said  owner  on  account  of  the  improve- 
ment for  which  it  is  taken. 

Section  19.  Imprisonment  for  Debt.  No  person  shall  be 
imprisoned  for  debt  in  any  civil  action,  on  mesne  or  final  process, 
unless  in  case  of  fraud;  and  no  person  shall  be  imprisoned  for  a 
military  fine  in  time  of  peace. 

Section  20.  Petition.  The  people  have  the  right  freely  to 
assemble  together  to  counsel  for  the  common  good ;  to  make  known 
their  opinions  to  their  representatives,  and  to  petition  for  a  redress 
of  grievances. 

Section  21.  Attainder.  No  bill  of  attainder,  ex-post- facto  law, 
or  law  impairing  the  obligation  of  contracts,  shall  ever  be  passed. 

Section  22.  Aliens  Hold  Property.  Foreigners  who  are,  or  may 
hereafter  become  residents  of  this  state,  shall  enjoy  the  same  rights 
in  respect  to  the  possession,  enjoyment  and  descent  of  property,  as 
native-born  citizens. 

Section  23.  Slairry.  There  shall  be  no  slavery  in  this  state; 
nor  shall  there  be  involuntary  servitude,  unless  for  the  punishment 
of  crime. 

Section  24.     Reserz'ation.     No  lease  or  grant  of  agricultural  lands, 


APPENDIX  1  313 

reserving  any  rent  or  service  of  any  kind,  shall  be  valid  for  a  longer 
period  than  twenty  years. 

Section  25.  Rights  Retained.  The  enumeration  of  rights  shall  not 
be  construed  to  impair  or  deny  others  retained  by  the  people. 

ARTICLE  IE— Right  of  Suffrage 

Section  1.  Electors.  Every  male  citizen  of  the  United  States, 
of  the  age  of  twenty-one  years,  who  shall  have  been  a  resident  of 
this  state  six  months  next  preceding  the  election,  and  of  the  county 
in  which  he  claims  his  vote,  sixty  days,  shall  be  entitled  to  vote  at 
all  elections  which  are  now  or  hereafter  may  be  authorized  by  law. 

Section  2.  Privileges.  Electors  shall,  in  all  cases  except  treason, 
felony  or  breach  of  the  peace,  be  privileged  from  arrest  on  the  days 
of  election,  during  their  attendance  at  such  elections,  going  to  and 
returning  therefrom. 

Section  3.  Same.  No  elector  shall  be  obliged  to  perform  military 
duty  on  the  day  of  election,  except  in  time  of  war  or  public  danger. 

Section  4.  Resident.  No  person  in  the  naval,  military  or  marine 
service  of  the  United  States  shall  be  considered  a  resident  of  this 
state  by  being  stationed  in  any  garrison,  l^arrack,  or  military  or 
naval  place  or  station  within  this  state. 

Section  5.  Excehtion.  No  idiot  or  insane  person,  or  person  con- 
victed of  any  infamous  crime,  shall  be  entitled  to  the  privilege  of 
an  elector. 

Section  6.    Ballot.    All  elections  by  the  people  shall  be  by  ballot. 


ARTICLE  III. — Of  the  Distribution  of  Powers 

Section  1.  Departments  of  Gorrrninenf.  The  powers  of  the 
government  of  Iowa  shall  be  divided  into  three  separate  depart- 
ments: The  legislative,  the  executive  and  the  judicial;  and  no  person 
charged  with  the  exercise  of  powers  properly  belonging  to  one  of 
these  departments  shall  exercise  any  function  appertaining  to  either 
of  the  others,  except  in  cases  hereinafter  expressly  directed  or 
permitted. 


314  IOWA  AND  THE  NATION 

LEGISLATIVE  DEPARTMENT 

Section  1.  Authority.  The  legislative  authority  of  this  state 
shall  be  vested  in  a  general  assembly,  which  shall  consist  of  a 
senate  and  house  of  representatives;  and  the  style  of  every  law  shall 
be :   "Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa." 

Section  2.  Sessions.  The  sessions  of  the  general  assembly  shall 
be  biennial,  and  shall  commence  on  the  second  Monday  in  January 
nexr  ensuing  the  election  of  its  members;  unless  the  governor  of 
the  state  shall,  in  the  meantime,  convene  the  general  assembly  by 
proclamation. 

Section  3.  Members  of  House  of  Representatives.  The  members 
of  the  house  of  representatives  shall  be  chosen  every  second  year, 
by  the  qualified  electors  of  their  respective  districts,  on  the  second 
Tuesday  in  October,  except  the  years  of  the  presidential  election, 
when  the  election  shall  be  on  the  Tuesday  next  after  the  first 
Monday  in  November ;  and  their  term  of  office  shall  commence  on 
the  first  day  of  January  next  after  their  election,  and  continue  two 
years,  and  until  their  successors  are  elected  and  qualified. 

Section  4.  Eligibility.  No  person  shall  be  a  member  of  the  house 
of'  representatives  who  shall  not  have  attained  the  age  of  twenty- 
one  years,  be  a  male  citizen  of  the  LInited  States,  and  shall  have 
been  an  inhabitant  of  this  state  one  year  next  preceding  his  elec- 
tion, and  at  the  time  of  his  election  shall  have  had  an  actual  'resi- 
dence of  sixty  days  in  the  county  or  district  he  may  have  been 
chosen  to  represent. 

Section  5.  Senators.  Senators  shall  be  chosen  for  the-  term  of 
four  years,  at  the  same  time  and  place  as  representatives;  they 
shall  be  twenty-five  years  of  age,  and  possess  the  qualifications  of 
representatives  as  to  residence  and  citizenship. 

Section  6.  Senators  Classed.  The  number  of  senators  shall  not  be 
less  than  one-third  nor  more  than  one-half  the  representative  body; 
and  shall  be  so  classified  by  lot,  that  one  class  being  as  nearly  one- 
half  as  possible,  shall  be  elected  every  two  years.  When  the 
number  of  senators  is  increased,  they  shall  be  annexed  by  lot  to 
one  or  the  other  of  the  two  classes,  so  as  to  keep  them  as  nearly 
equal  in  numbers  as  practicable. 

Section   7.     Elections  Determined.     Each  house   shall   choose  its 


APPENDIX  I  315 

own  officers,  and  judge  of  the  qualification,  election  and  return  of 
its  own  members.  A  contested  election  shall  be  determined  in  such 
manner  as  shall  be  directed  b\-  law. 

Section  8.  Quorum.  A  majority  of  each  house  shall  constitute 
a  quorum  to  transact  business;  but  a  smaller  number  maj-  adjourn 
from  day  to  day,  and  may  compel  the  attendance  of  absent  mem- 
bers in  such  manner  and  under  such  penalties  as  each  house  may 
provide. 

Section  9.  AutJiority  of  the  House.  Each  house  shall  sit  upon 
its  own  adjournments,  keep  a  journal  of  its  proceedings,  and  publish 
the  same ;  determine  its  rules  of  proceedings,  punish  members  for 
disorderly  behavior,  and,  with  the  consent  of  two-thirds,  expel  a 
member,  but  not  a  second  time  for  the  same  offense;  and  shall  have 
all  other  power  necessary  for  a  branch  of  the  general  assembly 
of  a  free  and  independent  state. 

Section  10.  Protest.  Every  member  of  the  general  assembly  shall 
have  the  liberty  of  dissent  from  or  protest  against  any  act  or  reso- 
lution which  he  may  think  injurious  to  the  public  or  an  individual, 
and  have  the  reasons  for  his  dissent  entered  on  the  journals;  and 
the  yeas  and  nays  of  the  members  of  either  house,  on  any  question, 
shall  at  the  desire  of  any  two  members  present,  be  entered  on  the 
journals. 

Section  11.  Prknlege.  Senators  and  representatives,  in  all  cases, 
except  treason,  felony,  or  breach  of  the  peace,  shall  be  privileged 
from  arrest  during  the  session  of  the  general  assembly,  and  in 
going  to  and  returning  from  the  same. 

Section  12.  Vacancies.  When  vacancies  occur  in  either  house, 
the  governor,  or  the  persons  exercising  the  functions  of  governttr 
shall  issue  writs  of  election  to  fill  such  vacancies. 

Section  13.  Doors  Open.  The  doors  of  each  house  shall  be 
open,  except  on  such  occasions  as,  in  the  opinion  of  the  house,  may 
require  secrecy. 

Section  14.  Adjoitrnment.  Neither  house  shall,  without  the  con- 
sent of  the  other,  adjourn  for  more  than  three  days,  nor  to  any 
other  place  than  that  in  which  they  may  be  sitting. 

Section  15.  Bills.  Bills  may  originate  in  either  house,  and  may 
be  amended,  altered  or  rejected  by  the  other;  and  every  bill  having 


316  IOWA  AND  THE  NATION 

passed   both   houses,   shall  be   signed   by   the   speaker   and   president 
of  their  respective  houses. 

Section  16.  To  be  Approved,  etc.  Every  bill  which  shall  have 
passed  the  general  assembly  shall,  before  it  becomes  a  law,  be  pre- 
sented to  the  governor.  If  he  approve,  he  shall  sign  it;  but  if  not, 
he  shall  return  it  with  his  objections,  to  the  house  in  which  it 
originated,  which  shall  enter  the  same  upon  their  journal,  and 
proceed  to  reconsider  it;  if,  after  such  reconsideration,  it  again 
pass  both  houses,  by  yeas  and  nays,  by  a  majority  of  two-thirds  of 
the  members  of  each  house,  it  shall  become  a  law,  notwithstanding 
the  governor's  objections.  If  any  bill  shall  not  be  returned  within 
three  days  after  it  shall  have  been  presented  to  him  (Sunday 
excepted),  the  same  shall  be  a  law  in  like  manner  as  if  he  had  signed 
it;  unless  the  general  assembly,  by  adjournment  prevent  such  return. 
Any  bill  submitted  to  the  governor  for  his  approval  during  the 
last  three  days  of  a  session  of  the  general  assembly,  shall  be 
deposited  by  him  in  the  office  of  the  secretary  of  state  within  thirty 
days  after  the  adjournment,  with  his  approval,  if  approved  by  him, 
and  with  his  objections  if  he  disapproves  thereof. 

Section  17.  Same.  No  bill  shall  be  passed  unless  by  the  assent 
of  a  majority  of  all  the  members  elected  to  each  branch  of  the 
general  assembly,  and  the  question  upon  the  final  passage  shall  be 
taken  immediately  upon  its  last  reading,  and  the  yeas  and  nays 
entered  upon  the  journal. 

Section  18.  Receipts  and  Expenditures.  An  accurate  statement 
of  the  receipts  and  expenditures  of  the  public  money  shall  be  attached 
to  and  published  with  the  laws  at  every  regular  session  of  the 
general  assembly. 

Section  19.  Impeachment.  The  house  of  representatives  shall 
have  the  sole  power  of  impeachment  and  all  impeachments  shall  be 
tried  by  the  senate.  When  sitting  for  that  purpose,  the  senators 
shall  be  upon  oath  or  affirmation  ;  and  no  person  shall  be  convicted 
without  the  concurrence  of  two-thirds  of  the  members  present. 

Section  20.  ]]lio  Liable  to  Impeachment.  The  governor,  judges 
of  the  supreme  and  district  courts,  and  other  state  officers,  shall  be 
liable  to  impeachment  for  any  misdemeanor  or  malfeasance  in 
office;  but  judgment  in  such  cases  shall  extend  only  to  removal  from 
office  and  disqualification  to  hold  any  office  of  honor,  trust,  or  profit 
under  this  state ;  but  the  party  convicted  or  acquitted  shall  neverthe- 


APPENDIX  I  317 

less  be  liable  to  indictment,  trial  and  punishment  according  to 
law.  All  other  civil  officers  shall  be  tried  for  misdemeanors  and 
malfeasance  in  office,  in  such  manner  as  the  general  assembly  may 
provide. 

Section  21.  Members  Not  Appointed  to  Offices.  No  senator  or 
representative  shall,  during  the  time  for  which  he  shall  have  been 
elected,  be  appointed  to  any  civil  office  of  profit  under  this  state, 
which  shall  have  been  created  or  the  emoluments  of  which  shall 
have  been  increased  during  such  term,  except  such  offices  as  may 
be  filled  by  elections  by  the  people. 

Section  22.  Disqualification.  No  person  holding  any  lucrative 
office  under  the  United  States,  or  this  state,  or  any  other  power, 
shall  be  eligible  to  hold  a  seat  in  the  general  assembly ;  but  offices 
in  the  militia,  to  which  there  is  attached  no  annual  salary,  or  the 
office  of  justice  of  the  peace,  or  postmaster,  whose  compensation 
does  not  exceed  one  hundred  dollars  per  annum,  or  notary  public, 
shall  not  be  deemed  lucrative. 

Section  23.  Same.  No  person  who  may  hereafter  be  a  collector 
or  holder  of  public  moneys,  shall  have  a  seat  in  either  house  of 
the  general  assembly,  or  be  eligible  to  hold  any  office  of  trust  or 
profit  in  this  state,  until  he  shall  have  accounted  for  and  paid  into 
the  treasury  all  sums  for  which  he  may  be  liable. 

Section  24.  Money  Drazvn.  No  money  shall  be  drawn  from  the 
treasury  but  in  consequence  of  appropriations  made  by  law. 

Section  25.  Compensation  of  Members.  Each  member  of  the 
first  general  assembly  under  this  constitution  shall  receive  three 
dollars  per  diem  while  in  session ;  and  the  further  sum  of  three 
dollars  for  every  twenty  miles  traveled  in  going  to  and  returning 
from  the  place  where  ,such  session  is  held,  by  the  nearest  traveled 
route;  after  which  they  shall  receive  such  compensation  as  shall 
be  fixed  by  law;  but  no  general  assembly  shall  have  the  power  to 
increase  the  compensation  of  its  members.  And  when  convened  in 
extra  session  they  shall  receive  the  same  mileage  and  per  diem 
compensation  as  fixed  by  law  for  the  regular  session,  and  none 
other. 

Section  26.  Laws. — Publication.  No  law  of  the  general  assembly 
passed  at  a  regular  session,  of  a  public  nature,  shall  take  effect  until 
the  fourth  day  of  July  next  after  the  passage  thereof.  Laws  passed 
at  a  special  session  shall  take  effect  ninety  days  after  the  adjourn- 


318  TOW  A  AND  THE  NATION 

nient  of  tlie  general  assembly  by  which  they  were  passed.  Tf  the 
general  assembly  shall  deem  any  law  of  immediate  importance,  they 
may  provide  that  the  same  shall  take  effect  by  publication  in  news- 
papers in  the  state. 

Section  27.  Divorce.  No  divorce  shall  be  granted  by  the  general 
assembly. 

Section  28.  Lotteries.  No  lottery  shall  be  authorized  by  this 
state;  nor  shall  the  sale  of  lottery  tickets  be  allowed. 

Section  29.  Acts.  Every  act  shall  embrace  but  one  subject,  and 
matters  properly  connected  therewith,  which  subject  shall  be 
expressed  in  the  title;  but  if  any  subject  shall  be  embraced  in  an 
act  which  shall  not  be  expressed  in  the  title,  such  act  shall  be  void 
only  as  to  so  much  thereof  as  shall  not  be  expressed  in  the  title. 

Section  30.  Local  or  Special  Latvs.  The  general  assembly  shall 
not  pass  local  or  special  laws  in  the  following  cases : 

For  the  assessment  and  collection  of  taxes,  for  state,  county,  or 
road  purposes ; 

For  laying  out,  opening,  and  working  roads  or  highways; 

For  changing  the  names  of  persons; 

For  the  incorporation  of  cities  and  towns; 

For  vacating  roads,  town  plats,  streets,  alleys,  or  public  squares ; 

For  locating  or  changing  county  seats. 

In  all  cases  above  enumerated,  and  in  all  other  cases  where  a 
general  law  can  be  made  applicable,  all  laws  shall  be  general,  and 
of  uniform  operation  throughout  the  state;  and  no  law  changing 
the  boundary  lines  of  any  county  shall  have  effect  until,  upon 
being  submitted  to  the  people  of  the  counties  affected  by  the  change, 
at  a  general  election,  it  .shall  be  approved  by  a  majority  of  the 
votes  in  each  county,  cast  for  and  against  it. 

Section  31.  E.vtra  Compensation.  No  extra  compensation  shall 
be  made  to  any  officer,  public  agent,  or  contractor,  after  the  service 
shall  have  been  rendered,  or  the  contract  entered  into ;  nor  shall 
any  money  be  paid  on  any  claim,  the  subject  matter  of  which 
shall  not  have  been  provided  for  by  pre-existing  laws,  and  no  pub- 
lic money  or  property  shall  be  appropriated  for  local  or  private 
purposes,  unless  such  appropriation,  compensation  or  claim  be 
allowed  by  two-thirds  of  the  members  elected  to  each  branch  of  the 
general  assembly. 

Section  32.     Oath  of  Members.     ATembers  or  the  general  assembUy 


APPENDIX  I  319 

shall,  before  they  enter  upon  the  duties  of  their  respective  offices, 
take  and  subscribe  the  following  oath  or  affirmation :  "I  do 
solemnly  swear  (or  affirm  as  the  case  may  be)  that  I  will  support 
the  constitution  of  the  United  States,  and  the  constitution  of  the 
state  of  Iowa,  and  that  I  will  faithfully  discharge  the  duties  of 
senator  (or  representative,  as  the  case  may  be)  according  to  the 
best  of  my  ability ;"  and  members  of  the  general  assembly  are 
hereby  empowered  to  administer  to  each  other  the  said  oath  or 
affirmation. 

Section  33.  Census.  The  general  assembly  shall,  in  the  years 
one  thousand  eight  hundred  and  fifty-nine,  one  thousand  eiglit  hun- 
dred and  sixty-three,  one  thousand  eight  hundred  and  sixty-five, 
one  thousand  eight  hundred  and  sixty-seven,  one  thousand  eight 
hundred  and  sixty-nine,  one  .thousand  eight  hundred  and  seventy- 
five,  and  every  ten  years  thereafter,  cause  an  enumeration  to  be 
made  of  all  the  inhabitants  of  the  state. 

Section  34.  Apportionment.  The  number  of  senators  shall,  at 
the  next  session  following  each  period  of  making  such  enumeration, 
and  the  next  session  following  each  United  States  census,  be  fixed 
by  law,  and  apportioned  among  the  several  counties  according  to 
the  number  of  inhabitants  in  each. 

Section  35.  Districts.  The  senate  shall  not  consist  of  more  than 
fifty  members,  nor  the  house  of  representatives  of  more  than  one 
hundred;  and  they  shall  be  apportioned  among  the  several  counties 
and  representative  districts  of  the  state  according  to  the  number 
of  inhabitants  in  each,  upon  ratios  to  be  fixed  by  law ;  but  no 
representative  district  shall  contain  more  than  four  organized 
counties,  and  each  district  shall  be  entitled  to  at  least  one  repre- 
sentative. Every  county  and  district  which  shall  have  a  number 
of  inhabitants  equal  to  one-half  of  the  ratio  fixed  by  law,  shall  be 
entitled  to  one  representative;  and  any  one  county  containing,  in 
addition  to  the  ratio  fixed  by  law,  one-half  of  that  number,  or 
more,  shall  be  entitled  to  one  additional  representative.  No  float- 
ing district  shall  hereafter  be  formed. 

Section  36.  Ratio  of  Representation.  At  its  first  session  under 
this  constitution,  and  at  every  subsequent  regular  session,  the  general 
assembly  shall  fix  the  ratio  of  representation,  and  also  form  into 
representative  districts  those  counties  which  will  not  be  entitled 
singly  to  a  representative. 


320  IOWA  AND  THE  NATION 

Section  37.  Districts.  When  a  congressional,  senatorial,  or  rep- 
resentative district  shall  be  composed  of  two  or  more  counties,  it 
shall  not  be  entirely  separated  by  any  county  belonging  to  another 
district ;  and  no  county  .shall  be  divided  in  forming  a  congressional, 
senatorial,  or  representative  district. 

Section  38.  Elections  by  General  Assembly.  In  all  elections  by 
the  general  assembly,  the  members  thereof  shall  vote  J'iz'a  Voce; 
and  the  votes  shall  be  entered  on  the  journal. 


ARTICLE  IV. — Executive  Department 

Section  1.  Governor.  The  supreme  executive  power  of  this 
state  shall  be  vested  in  a  chief  magistrate,  wh'o  shall  be  styled  the 
governor  of  the  state  of  Iowa. 

Section  2.  Election  and  Term.  The  governor  shall  be  elected  by 
the  qualified  electors  at  the  time  and  place  of  voting  for  members 
of  the  general  assembly,  and  shall  hold  his  ofifice  two  years  from 
the  time  of  his  installation,  and  until  his  successor  is  elected  and 
qualified. 

Section  3.  Lieutenant-Governor.  There  .shall  be  a  lieutenant- 
governor,  who  shall  hold  his  office  two  years,  and  be  elected  at  the 
same  time  as  the  governor.  In  voting  for  governor  and  lieutenant- 
governor,  the  electors  shall  designate  for  whom  they  vote  as  gov- 
ernor, and  for  whom  as  lieutenant-governor.  The  returns  of  every 
election  for  governor  and  lieutenant-governor  shall  be  sealed  up 
and  transmitted  to  the  seat  of  government  of  the  state,  directed  to 
the  speaker  of  the  house  of  representatives,  who  shall  open  and 
publish  them  in  the  presence  of  both  houses  of  the  general  assembly. 

Section  4.  Returns  of  Elections.  The  persons  respectively  having 
the  highest  number  of  votes  for  governor  and  lieutenant-governor 
shall  be  declared  duly  elected ;  but  in  case  two  or  more  persons  shall 
have  an  equal,  and  the  highest  number  of  votes  for  either  office,  the 
general  assembly  shall,  by  joint  vote,  forthwith  proceed  to  elect 
one  of  said  persons,  governor,  or  lieutenant-governor,  as  the  case 
may  be. 

Section  5.  Contested  Elections.  Contested  elections  for  governor 
or  lieutenant-governor  shall  be  determined  by  the  general  assembly 
in  such  manner  as  may  be  prescribed  by  law. 


APPENDIX  1  321 

Section  6.  Eligibility.  No  person  shall  be  eligible  to  the  office 
of  governor  or  lieutenant-governor  who  shall  not  have  been  a  citizen 
of  the  United  States  and  a  resident  of  the  state  two  years  next 
preceding  the  election,  and  attained  the  age  of  thirty  years  at  the 
time  of  said  election. 

Section  7.  Command.  The  governor  shall  be  commander-in- 
chief  of  the  militia,  the  army  and  navy  of  this  state. 

Section  8.  Duties.  He  shall  transact  all  executive  business  with 
the  officers  of  government,  civil  and  military,  and  may  require 
information  in  writing  from  the  officers  of  the  executive  department 
upon  any  subject  relating  to  the  duties  of  their  respective  offices. 

Section  9.  Same.  He  shall  take  care  that  the  laws  are  faithfully 
executed. 

Section  10.  I'acaneies.  When  any  office  shall,  from  any  cause, 
become  vacant,  and  no  mode  is  provided  by  the  constitution  and 
laws  for  filling  such  vacancy,  the  governor  shall  have  power  to  fill 
isuch  vacancy  by  granting  a  commission,  which  shall  expire  at  the 
end  of  the  next  session  of  the  general  assembh',  or  at  the  next  elec- 
tion by  the  people. 

Section  11.  Convening  Assembly.  He  may,  on  extraordinary 
occasions,  convene  the  general  assembly  by  proclamation,  and  shall 
state  to  both  houses,  when  assembled,  the  purpose  for  which  they 
.shall  have  been  convened. 

Section  12.  Message.  He  shall  communicate,  by  message,  to 
the  general  assembly,  at  every  regular  session,  the  condition  of 
the  state,  and  recommend  such  matters  as  he  shall  deem  expedient. 

Section  13.  Adjournment.  In  case  of  disagreement  between  the 
two  'houses  with  respect  to  the  time  of  adjournment,  the  governor 
shall  have  power  to  adjourn  the  general  assembly  to  such  time  as 
he  may  think  proper;  but  no  such  adjournment  shall  be  beyond 
the  time  fixed  for  the  regular  meeting  of  the  next  general  assembly. 

Section  14.  Disqualification.  No  person  shall,  wdiile  holding 
any  office  under  the  authority  of  the  United  States,  or  this  state, 
execute  the  office  of  governor  or  lieutenant-governor,  except  as  here- 
inafter expressly  provided. 

Section  15.  Term.  The  official  term  of  the  governor  and  lieu- 
tenant-governor shall  commence  on  the  second  Monday  of  Jamiary 


322  IOWA  AND  THE  NATION 

next  after  their  election,  and  continue  for  two  years,  and  until  their 
successors  are  elected  and  qualified.  The  lieutenant-governor,  while 
acting  as  governor,  shall  receive  the  same  pay  as  provided  for 
governor ;  and  while  presiding  in  tlie  senate,  shall  receive  as  com- 
pensation therefor  the  same  mileage  and  double  the  per  diem  pay 
provided  for  a  senator,  and  none  other. 

Section  16.  Pardons,  Etc.  The  governor  shall  have  power  to 
grant  reprieves,  commutations  and  pardons,  after  conviction,  for 
all  ofifenses  except  treason  and  cases  of  impeachment,  subject  to 
such  regulations  as  may  be  provided  by  law.  Upon  conviction  for 
treason,  he  shall  have  power  to  suspend  the  execution  of  the  sentence 
until  the  case  shall  be  reported  to  the  general  assembly  at  its  next 
meeting,  when  the  general  assembly  shall  either  grant  a  pardon, 
commute  the  sentence,  direct  the  execution  of  the  sentence,  or 
grant  a  further  reprieve.  He  shall  have  power  to  remit  fines  and 
forfeitures,  under  such  regulations  as  may  be  prescribed  by  law; 
and  shall  report  to  the  general  assembly,  at  its  next  meeting,  each 
case  of  reprieve,  commutation,  or  pardon  granted,  and  the  reason 
therefor;  and  also  all  persons  in  whose  favor  remission  of  fines 
and  forfeitures  shall  have  been  made,  and  the  several  amounts 
remitted. 

Section  17.  Lieutenant  Act  as  Governor.  In  case  of  the  death, 
impeachment,  resignation,  removal  from  office,  or  other  disability 
of  the  governor,  the  powers  and  duties  of  the  office  for  the  residue 
of  the  term,  or  until  he  shall  be  acquitted,  or  the  disability  removed, 
shall  devolve  upon  the  lieutenant-governor. 

Section  18.  Further  Vacancies  Provided  For.  The  lieutenant- 
governor  shall  be  president  of  the  senate,  but  shall  only  vote  when 
the  senate  is  equally  divided;  and  in  case  of  his  absence  or 
impeachment,  or  w^hen  he  shall  exercise  the  office  of  governor,  the 
senate  shall  choose  a  president  pro  tempore. 

Section  19.  Same.  If  the  lieutenant-governor,  while  acting  as 
governor,  shall  be  impeached,  displaced,  resign  or  die,  or  otherwise 
become  incapable  of  performing  the  duties  of  the  ofifice,  the  presi- 
dent pro  tempore  of  the  senate  shall  act  as  governor  until  the 
vacancy  is  filled,  or  the  disability  is  removed;  and  if  the  president 
of  the  senate,  for  any  of  the  above  causes,  shall  be  rendered  incapable 
of  performing  the  duties  pertaining  to  the  office  of  governor,  the 
same  shall  devolve  upon  the  speaker  of  the  house  of  representatives. 


APPENDIX  I  ZIZ 

Section  20.  Seal  of  State.  There  shall  be  a  seal  of  this  state, 
which  shall  be  kept  by  the  governor,  and  used  by  liim  officially, 
and  shall  be  called  the  great  seal  of  the  state  of  Iowa. 

Section  21.  Commissions,  Etc.  All  grants  and  commissions  ihall 
be  in  the  name  and  by  the  authority  of  the  people  of  the  state  of 
Iowa,  sealed  with  the  great  seal  of  the  state,  signed  by  the 
governor,   and  countersigned  by  the  secretary  of   state. 

Section  22.  Secretary,  Auditor  and  Treasurer.  A  secretary  of 
state,  auditor  of  state,  and  treasurer  of  state,  shall  be  elected  by 
the  qualified  electors,  w^ho  shall  continue  in  office  two  years,  and 
until  their  successors  are  elected  and  qualified,  and  perform  such 
duties  as  may  be  required  by  law. 

ARTICLE  V. — JuDici.xL  Department 

Section  1.  Courts.  The  judicial  power  shall  be  vested  in  a 
supreme  court,  district  court,  and  such  other  courts,  inferior  to  the 
supreme  court,  as  the  general  assembly  may,  from  time  to  time, 
establish. 

Section  2.  Supreme  Court.  The  supreme  court  shall  consist  of 
three  judges,  two  of  whom  shall  constitute  a  quorum  to  hcild  court. 

Section  3.  Judges  Elected.  The  judges  of  the  supreme  court 
shall  be  elected  by  the  qualified  electors  of  the  state,  and  shall  hold 
their  court  at  such  time  and  place  as  the  general  assembly  may 
prescribe.  The  judges  of  the  supreme  court,  so  elected,  shall 
be  classified  so  that  one  judge  shall  go  out  of  office  every  two 
years;  and  the  judge  holding  the  shortest  term  of  office,  under 
such  classification,  shall  be  chief  justice  of  the  court  during  his 
term,  and  so  in  roitation.  After  the  expiration  of  their  terms  of 
office,  under  such  classification,  the  term  of  each  judge  of  the 
supreme  court  shall  be  six  years,  and  until  his  successor  shall  have 
been  elected  and  qualified.  The  judges  of  the  supreme  court  shall 
be  ineligible  to  any  other  office  in  the  state  during  the  term  for 
which  they  have  been  elected. 

Section  4.  Jurisdiction.  The  supreme  court  shall  have  appellajte 
jurisdiction  only  in  cases  in  chancery,  and  shall  constitute  a  court 
for  the  correction  of  errors  at  law,  under  such  restrictions  as  the 
general  assembly  may  by  law  prescribe;   and   shall  have  power  to 


324  IOWA  AND  THE  NATION 

issue  all  writs  and  process  necessary  to  secure  justice  to  parties, 
and  exercise  a  supervisory  control  over  all  inferior  judicial  tribunals 
throughout  the  state. 

Section  5.  District  Judges  Elected.  The  district  court  shall  con- 
sist of  a  single  judge,  who  shall  be  elected  by  the  qualified  electors 
of  the  district  in  which  he  resides.  The  judge  of  the  district  court 
shall  hold  his  office  for  the  term  of  four  years,  and  until  his  suc- 
cessor shall  have  been  elected  and  qualified;  and  shall  be  ineligible 
to  any  other  office,  except  that  of  judge  of  the  suprertie  court,  during 
the  term  for  which  he  was  elected. 

Section  6.  Jurisdiction.  The  district  court  shall  be  a  court  of  law 
and  equity,  which  shall  be  distinct  and  separate  jurisdictions,  and 
have  jurisdiction  in  civil  and  criminal  matters  arising  in  their 
respective  districts  in  such  manner  as  shall  be  prescribed  by  law. 

Section  7.  Conservators  of  the  Peace.  The  judges  of  the  supreme 
and  district  courts  shall  be  conservators  of  the  peace  throughout 
the  state. 

Section  8.  Style  of  Process.  The  style  of  all  process  shall  be, 
"The  State  of  Iowa,"  and  all  prosecutions  shall  be  conducted  in  the 
name  and  by  the  authority  of  the  same. 

Section  9.  Salaries.  The  salary  of  each  judge  of  the  supreme 
court  shall  be  two  thousand  per  annum,  and  that  of  each  district 
judge  one  thousand  six  hundred  dollafs  per  annum,  until  the  year 
eighteen  hundred  and  sixty;  after  which  time  they  shall  severally 
receive  such  compensation  as  the  general  assembly  may,  by  law, 
prescribe,  which  compensation  shall  not  be  increased  or  diminished 
during  the  term   for  which  they   shall  have  been   elected. 

Section  10.  Judicial  Districts.  The  state  shall  be  divided  into 
eleven  judicial  districts,  and  after  the  year  eighteen  hundred  and 
sixty,  the  general  assembly  may  reorganize  the  judicial  districts,  and 
increase  or  diminish  the  number  of  districts,  or  the  number  of  judges 
of  the  said  court,  and  may  increase  the  number  of  judges  of  the 
supreme  court;  but  such  increase  or  diminution  shall  not  be  more 
than  one  district,  or  one  judge  of  either  court,  at  any  one  session, 
and  no  reorganization  of  the  districts,  or  diminution  of  the  number 
of  judges,  shall  have  the  efifect  of  removing  a  judge  from  office. 
Such  reorganization  of  the  districts,  or  any  change  in  the  boundaries 
thereof,  or  increase  or  diminution  of  the  number  of  judges,  shall  take 
place  every  four  years  thereafter,  if  necessary,  and  at  no  other  time. 


APPENDIX  I  325 

Skctjon  11.  iritcii  Chosen.  The  judges  of  the  supreme  and  dis- 
trict courts  sliall  be  chosen  at  the  general  election ;  and  the  term  of 
office  of  each  judge  shall  commence  on  the  first  day  of  January  next 
after  his  election. 

Section  12.  Attorney-General.  The  general  assembly  shall  pro- 
vide by  law  for  the  election  of  an  attorney-general  by  the  people, 
whose  term  of  office  shall  be  two  years,  and  until  his  successor  shall 
have  been   elected   and  qualified. 

Section  13.  District  Attorney.  The  qualified  electors  of  each 
judicial  district  shall,  at  the  time  of  the  election  of  district  judge, 
elect  a  district  attorney,  who  shall  be  a  resident  of  the  district  for 
which  he  is  elected,  and  who  shall  hold  his  office  for  the  term  of  four 
years;  and  until  his  successor  shall  have  been  elected  and  qualified. 

Section  14.  Duty  of  General  Assembly.  It  shall  be  the  duty  of 
the  general  assembly  to  provide  for  the  carrying  into  efTect  of  this 
article,  and  to  provide  for  a  general  system  of  practice  in  all  the 
courts  of  this  state. 

ARTICLE  VI.— ^Iiliti.\ 

Section  1.  JJ'ho  Constitute.  The  militia  of  this  state  shall  be 
composed  of  all  able-bodied  male  citizens  between  the  ages  of 
eighteen  and  forty-five  years,  except  such  as  are,  or  may  hereafter 
be,  exempt  by  the  laws  of  the  United  States,  or  of  this  state,  and 
shall  be  armed,  equipped  and  trained,  as  the  general  assembly  may 
provide  by  law. 

Section  2.  Qualification.  No  person  or  persons  conscientiously 
scrupulous  of  bearing  arms  shall  be  compelled  to  do  military  duty 
in  time  of  peace ;  Proiided,  that  such  person  or  persons  shall  pay 
an  equivalent  for  such  exemption  in  the  same  manner  as  other 
citizens. 

Section  3.  Officers.  All  commissioned  officers  of  the  militia 
(staff  officers  excepted)  shall  be  elected  by  persons  liable  to  perform 
military  duty,  and  shall  be  commissioned  by  the  governor. 

ARTICLE  VIL— State  Debts 

Section  1.  Limitation  of  State  Indebtedness.  The  credit  of  the 
state  shall  not,  in  anv  manner,  be  given  or  loaned  to,  or  in  aid  of, 


Z2()  IOWA  AND  THE  NATION 

any  individual,  association  or  corporation  ;  and  the  state  shall  never 
assume,  or  become  responsible  for,  the  debts  or  liabilities  of  any 
individual,  association  or  corporation,  unless  incurred  in  time  of  war 
for  die  benefit  of  the  state. 

Section  2.  Same.  The  state  may  contract  debts  to  supply  casual 
deficits  or  failures  in  revenues,  or  to  meet  expenses  not  otherwise 
provided  for ;  but  the  aggregate  amount  of  such  debts,  direct  and 
contingent,  whether  contracted  by  virtue  of  one  or  more  acts  of  the 
general  assembly,  or  at  different  periods  of  time,  shall  never  exceed 
the  sum  of  two  hundred  and  fifty  thousand  dollars,  and  the  money 
arising  from  the  creation  of  such  debts  shall  be  applied  to  the  pur- 
pose for  which  it  was  obtained,  or  to  repay  the  debts  so  contracted, 
and  to  no  other  purpose  whatever. 

Section  3.  Losses  to  School  Fund  Audited.  All  losses  to  the  per- 
manent, school,  or  university  fund  of  this  state,  which  shall  have 
been  occasioned  by  the  defalcation,  mismanagement  or  fraud  of  the 
agents  or  officers  controlling  and  managing  the  same,  shall  be 
audited  by  the  proper  authorities  of  the  state.  The  amount  so  audited 
shall  be  a  permanent  fund  debt  against  the  state,  in  favor  of  the 
respective  fund  sustaining  the  loss,  upon  which  not  less  than  six  per 
cent  annual  interest  shall  be  paid.  The  amount  of  liability  so  cre- 
ated shall  not  be  counted  as  a  part  of  the  indebtedness  authorized  by 
the  second  section  of  this  article. 

Section  4.  For  zchat  Other  Purpose  State  May  Contract  Debts. 
In  addition  to  the  above  limited  power  to  contract  debts,  the  state 
may  contract  debts  to  repel  invasion,  suppress  insurrection,  or  defend 
the  state  in  war ;  but  the  money  arising  from  the  debts  so  contracted 
shall  be  applied  to  the  purpose  for  which  it  was  raised,  or  to  repay 
such  debts,  and  to  no  other  purpose  whatever. 

Section  5.  (a)  Other  Debts  to  be  Authorised  by  Special  Lazv. 
^(b)  Submitted  to  the  People.  Except  the  debts  hereinbefore 
specified  in  this  article,  no  debt  shall  be  hereafter  contracted  by  or 
on  behalf  of  this  state,  unless  such  debt  shall  be  authorized  by  some 
law  for  some  single  work  or  object,  to  be  distinctly  specified  therein; 
and  such  law  shall  impose  and  provide  for  the  collection  of  a  direct 
annual  tax,  sufficient  to  pay  the  interest  on  such  debt,  as  it  falls  due, 
and  also  to  pay  and  discharge  the  principal  of  such  debt,  within 
twenty  years  from  the  time  of  the  contracting  thereof;  but  no  such 
law  shall  take  effect  until,  at  a  general  election,  it  shall  have  been 


APPENDIX  1  Zn 

submitted  to  the  people  and  have  received  a  majority  of  all  the 
votes  cast  for  and  against  it  at  such  election ;  and  all  money  raised 
by  authority  of  such  law,  shall  be  applied  only  to  the  specific  object 
therein  stated,  or  to  the  payment  of  the  debt  created  thereby;  and 
such  law  shall  be  published  in  at  least  one  newspaper  in  each  county, 
if  one  is  published  therein,  throughout  the  state,  for  three  months 
preceding  the  election  at  which   it  is  submitted  'to  the  people. 

Section  6.  Legislature  May  Repeal.  Ihe  legislature  may.  at  any 
time  after  the  approval  of  such  law  l)y  the  people,  if  no  dcl)l  shall 
have  been  contracted  in  pursuance  thereof,  repeal  the  same,  and 
may  at  any  time  forbid  the  contracting  of  any  further  debt  or 
liability  under  such  law  ;  but  the  tax  imposed  by  such  law,  in  pro- 
portion to  the  debt  or  liability  which  may  have  been  contracted  in 
pursuance  thereof,  shall  remain  in  force  and  be  irrepealable,  and  be 
annually  collected,  until  the  principal  and  interest  are  fully  paid. 

Section  7.  Tax  Imposed  Distinctly  Stated.  Every  law  wJiich 
imposes,  continues,  or  revives  a  tax,  shall  distinctly  state  the  tax 
and  the  object  to  which  it  is  to  be  applied,  and  it  shall  not  be 
sufficient  to  refer  to  any  other  law  to  fix  such  tax  or  object. 

ARTICLE  VIII.— Corporations 

Section  1.  Corporations,  Hozv  Created.  No  corporation  shall  be 
created  by  special  laws;  but  the  general  assembly  shall  provide,  by 
general  laws,  for  the  organization  of  all  corporations  hereafter  to 
be  created,  except  as  hereinafter  provided. 

Section  2.  Property  Taxable.  The  pniperty  of  all  corporations 
for  pecuniary  profit  shall  be  subject  to  ta.xation,  the  same  as  that 
of  individuals. 

Section  3.  State  Not  to  be  a  Stockholder.  The  state  shall  not 
become  a  stockholder  in  any  corporation,  nor  shall  it  assume  or  pay 
the  debt  or  liability  of  any  corporation,  unless  incurred  in  time  of 
war,  for  the  benefit  of  the  state. 

Section  4.  Corporation  Not  to  be  a  Stockliolder.  No  political 
or  municipal  corporation  shall  become  a  stockholder  in  any  bank- 
ing corporation,  directly  or  indirectly. 

Section  5.  Act  Creating  Corporation  Submitted  to  the  People. 
No  act  of  the  general   assembly,   authorizing  or  creating  corpora- 


328  IOWA  AND  THE  NATION 

tions  or  associations  with  banking  powers,  nor  amendments  thereto, 
shall  take  efifect  or  in  any  manner  be  in  force,  until  the  same  shall 
have  been  submitted,  separately,  to  the  people,  at  a  general  or  special 
election,  as  provided  by  law,  to  be  held  not  less  than  three  months 
after  the  passage  of  the  act,  and  shall  have  been  approved  by  a 
majority  of  all  the  electors  voting  for  and  against  it  at  such  election. 

Section  6.  State  Banks.  Subject  to  the  provisions  of  the  fore- 
going section,  the  general  assembly  may  also  provide  for  the  estab- 
lishment of  a  state  bank,  with  branches. 

Section  7.  Fouiided  on  Specie  Basis.  If  a  state  bank  be  estab- 
lished, it  shall  be  founded  on  actual  specie  basis,  and  the  branches 
shall  be  mutually  responsible  for  each  other's  liabilities  upon  all 
notes,  bills,  and  other  issues  intended  for  circulation  as  money. 

Section  8.  General  Banking  Lazu  to  be  Provided  For.  If  a 
general  banking  law  shall  be  enacted,  it  shall  provide  for  the 
registry  and  countersigning,  by  an  officer  of  state,  of  all  bills  or 
paper  credit  designed  to  circulate  as  money,  and  require  security 
to  the  full  amount  thereof,  to  be  deposited  with  the  state  treasurer, 
in  United  States  stocks,  or  in  interest-paying  stocks  of  states  in  good 
credit  and  standing,  to  be  rated  at  ten  per  cent  below  their  average 
value  in  the  city  of  New  York,  for  the  thirty  days  next  preceding 
their  deposit ;  and  in  case  of  a  depreciation  of  any  portion  of  such 
stocks,  to  the  amount  of  ten  per  cent  on  the  dollar,  the  bank  or 
banks  owning  said  stocks  shall  be  required  to  make  up  said  deficiency 
by  depositing  additional  stocks ;  and  said  law  shall  also  provide  for 
the  recording  of  the  names  of  all  stockholders  in  such  corporations, 
the  amount  of  stock  held  by  each,  the  time  of  any  transfer  and  to 
whom. 

Section  9.  Stockholders  Responsible.  Every  stockholder  in  a 
banking  corporation  or  institution  shall  be  individually  responsible 
and  liable  to  its  creditors,  over  and  above  the  amount  of  stock  by 
him  or  her  held,  to  an  amount  equal  to  his  or  her  respective  shares 
so  held,  for  all  of  its  liabilities,  accruing  while  he  or  she  remains 
such  stockholder. 

Section  10.  Bill  Holders  to  Have  Preference.  In  case  of  the 
insolvency  of  any  banking  institution,  the  bill  holders  shall  have  a 
preference  over  its  other  creditors. 

Section  11.     Suspension  of  Specie  Payments.     The  suspension  of 


APPENDIX  I  329 

specie  i>aymciits  by  banking  institutions  shall  never  be  permitlcd  or 
sanctioned. 

Section  12.  General  Assembly  May  Amend  or  Repeal  by  Tivo- 
Thirds  Vote.  Subject  to  the  provisions  of  this  article,  the  general 
assembly  shall  have  power  to  amend  or  repeal  all  laws  for  the  organ- 
ization or  creation  of  corporations,  or  granting  of  special  or  exclusive 
privileges  or  inmuniitics,  by  a  vote  of  two-thirds  of  each  branch  of  the 
general  assembly ;  and  no  exclusive  privileges,  except  as  in  this 
article  provided,  shall  ever  be  granted. 


ARTICLE  IX. — Education  and  School  Lands 

FIRST — EDUCATION 

Section  1.  Board  of  Education.  The  educational  interest  of  the 
state,  including  common  schools  and  other  educational  institutions, 
shall  be  under  tlie  management  of  a  Board  of  Education,  which 
shall  consist  of  the  lieutenant-governor,  who  shall  be  the  presiding 
officer  of  the  board,  and  have  the  casting  vote  in  case  of  a  tie,  and 
one  member  to  be  elected  from  each  judicial  di&trict  in  the  state. 

Section  2.  Who  Eligible.  No  person  shall  be  eligible  as  a  mem- 
ber of  said  board  who  shall  not  have  attained  the  age  of  twenty- 
five  years,  and  shall  have  been  one  year  a  citizen  of  the  state. 

Section  3.  Hoiv  Elected;  Hozu  Divided.  One  member  of  said 
board  shall  be  chosen  by  the  qualified  electors  of  each  district,  and 
shall  hold  the  office  for  the  term  of  four  years,  and  until  his  suc- 
cessor is  elected  and  qualified.  After  the  first  election  under  this 
constitution,  the  board  shall  be  divided,  as  nearly  as  practicable, 
into  two  equal  classes,  and  the  seats  of  the  first  class  shall  be  vacated 
after  the  expiration  of  two  years,  and  one-half  of  the  board  shall 
be  chosen  every  two  years  thereafter. 

Section  4.  First  Session  Held.  The  first  session  of  the  board 
of  education  shall  be  held  at  the  seat  of  government,  on  the  first 
Monday  of  December  after  their  election,  after  wdiich  the  general 
assembly  may  fix  the  time  and  place  of  meeting. 

Section  5.  Limited  to  Tu'enty  Days.  The  session  of  the  board 
shall  be  limited  to  twenty  days,  and  but  one  session  shall  be  held  in 
any  one  year,  except  upon  extraordinary  occasions,  when,  upon  the 


330  IOWA  AND  THE  NATION 

recommendation  of  two-thirds  of  the  board,  the  governor  may  order 
a  special  session. 

Section  6.  Secretary.  The  board  of  education  shall  appoint  a 
secretary  who  shall  be  the  executive  officer  of  the  board,  and  per- 
form such  duties  as  may  be  imposed  upon  him  by  the  board,  and 
the  laws  of  the  state.  They  shall  keep  a  journal  of  their  proceed- 
ings, which  shall  be  published  and  distributed  in  the  same  manner 
as  the  journals  of  the  general  assembly. 

Section  7.  Rules  and  Regulations  of  Board.  All  rules  and  reg- 
ulations made  by  the  board  shall  be  published  and  distributed  to 
the  several  counties,  townships,  and  school  districts,  as  may  be 
provided  for  by  the  board,  and  when  so  made,  published,  and  dis- 
tributed, they  shall  have  the  force  and  effect  of  law. 

Section  8.  Pozuers:  Rules,  Hozv  Repealed.  The  board  of  educa- 
tion shall  have  full  power  and  authority  to  legislate  and  make  all 
needful  rules  and  regulations  in  relation  to  common  schools  and 
other  educational  institutions  that  are  instituted,  to  receive  aid 
from  the  school  or  university  fund  of  this  state;  but  all  acts,  rules 
and  regulations  of  said  board  may  be  altered,  amended,  or  repealed 
by  the  general  assembly,  and  when  so  altered,  amended,  or  repealed, 
they  shall  not  be  re-enacted  by  the  board  of  education. 

Section  9.  Governor,  E.r-Officio,  a  Member.  The  governor  of 
the  state  shall  be,  ex-ofUcio,  a  member  of  said  board. 

Section  10.  Contingent.  The  board  shall  have  no  power  to  levy 
taxes,  or  make  appropriations  of  money.  Their  contingent  expenses 
shall  be  provided  for  by  the  general  assembly. 

Section  11.  State  University.  The  state  university  shall  be  es- 
tablished at  one  place  without  branches  at  any  other  place,  and  the 
university  fund  shall  be  applied  to  that  institution  and  no  other. 

Section  12.  Board  of  Education  to  Provide  for  Education  of 
Youths  of  the  State.  The  board  of  education  shall  provide  for 
the  education  of  all  the  youths  of  the  state,  through  a  system  of 
common  schools,  and  such  schools  shall  be  organized  and  kept  in 
each  school  district  at  least  three  months  in  each  year.  Any  dis- 
trict failing,  for  two  consecutive  years,  to  organize  and  keep  up  a 
school,  as  aforesaid,  may  be  deprived  of  their  portion  of  the  school 
fund. 

Section   13.     Compensation.    The  members  of  the  board  of  edu- 


APPENDIX  I  331 

cation  shall  each  receive  the  same  per  dion  during  the  time  of 
their  session,  and  mileage  going  to  and  returning  therefrom,  as 
members  of  the  general  assembly. 

Section  14.  Quorum;  Style  of  Aets.  A  majority  of  the  board 
shall  constitute  a  quorum  for  the  transaction  of  business,  but  no 
rule,  regulation,  or  law  for  the  government  of  common  schools  or 
other  educational  institutions  shall  pass  without  the  concurrence  of 
a  majority  of  all  the  members  of  the  board,  which  shall  be  expressed 
by  the  yeas  and  nays  on  the  final  passage.  The  style  of  all  acts  of 
the  board  shall  be :  "Be  it  enacted  by  the  Board  of  Education  of  the 
State  of  Iowa." 

Section  15.  W'lien  Board  May  be  Abolished.  At  any  time  after 
the  year  one  thousand  eight  hundred  and  sixty-three,  the  general 
assembly  shall  have  power  to  abolish  or  reorganize  said  board  of 
education,  and  provide  for  the  educational  interests  of  the  state  in 
any  other  manner  that  to  them  shall  seem  best  and  proper. 


SECOND — SCHOOL   FUNDS    AND    SCHOOL   LANDS 

Section  1.  Under  Control  of  General  Assembly.  The  educational 
and  school  funds  and  lands  shall  be  under  the  control  antl  manage- 
ment of  the  general  assembly  of  this  state. 

Section  2.  Per)nanent  Fund.  The  university  lands,  and  the  pro- 
ceeds thereof,  and  all  moneys  belonging  to  said  fund  shall  be  a  per- 
manent fund  for  the  sole  use  of  the  state  university.  The  interest 
arising  from  the  same  shall  be  annually  appropriated  for  the  sup- 
port  and   benefit   of   said   university. 

Section  3.  Lands  Appropriated  to  Educational  Purposes.  1  he 
general  assembly  shall  encourage,  by  all  suitable  means,  the  pro- 
motion of  intellectual,  scientific,  moral,  and  agricultural  improve- 
ment. The  proceeds  of  all  lands  that  have  been,  or  hereafter  may 
be,  granted  by  the  United  States  to  this  state,  for  the  support  of 
schools,  which  may  have  been  or  shall  hereafter  be  sold  or  disposed 
of,  and  the  five  hundred  thousand  acres  of  land  granted  to  the  new 
states,  under  an  act  of  congress,  distributing  the  proceeds  of  the 
public  lands  among  the  several  states  of  the  Union,  approved  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  forty-one, 
and  all   estates  of   deceased   persons   who   may    have    died    without 


332  IOWA  AND  THE  NATION 

leaving  a  will  or  heir,  and  also  such  per  cent  as  has  been  or  may 
hereafter  be  presented  b\'  congress,  on  the  sale  of  lands  in  this 
state,  shall  be  and  remain  a  perpetual  fund,  the  interest  of  which, 
together  with  all  rents  of  the  unsold  lands,  and  such  other  means 
as  the  general  assembly  may  provide,  shall  be  inviolably  appro- 
priated to  the  support  of  common  schools  throughout  the  state. 

Section  4.  Fines  and  Forfeitures,  How  Appropriated.  The 
money  which  may  have  been  or  shall  be  paid  by  persons  as  an 
equivalent  from  exemption  from  military  duty,  and  the  clear  pro- 
ceeds of  all  fines  collected  in  the  several  counties  for  any  breach 
of  the  penal  laws,  shall  be  exclusively  applied,  in  the  several  coun- 
ties in  which  such  money  is  paid,  or  fine  collected,  among  the  several 
school  districts  of  said  counties,  in  proportion  to  the  number  of 
youths  subject  to  enumeration  in  such  districts,  to  the  support  of 
common  schools,  or  the  establishment  of  libraries,  as  the  board  of 
education  shall  from  time  to  time  provide. 

Section  5.  Lands  Reserved  or  Granted,  or  Funds  Accruing  from 
Sale  thereof,  to  be  a  Permanent  Fund.  Interest  Applied.  The  gen- 
eral assembly  shall  take  measures  for  the  protection,  improvement, 
or  other  disposition  of  such  lands  as  have  been,  or  may  hereafter 
be,  reserved,  or  granted  by  the  United  States,  or  any  person  or 
persons,  to  this  state,  for  the  use  of  the  university,  and  the  funds 
accruing  from  the  rents  or  sale  of  such  lands,  or  from  any  other 
source  for  the  purpose  aforesaid,  shall  be  and  remain  a  permanent 
fund,  the  interest  of  which  shall  be  applied  to  the  support  of  said 
university,  for  the  promotion  of  literature,  the  arts  and  sciences,  as 
may  be  authorized  by  the  terms  of  such  grant ;  and  it  shall  be  the 
duty  of  the  general  assembly,  as  soon  as  may  be,  to  provide  efifectual 
means  for  the  improvement  and  permanent  security  of  the  funds  of 
said  university. 

Section  6.  IFho  Agents  of  School  Funds.  The  financial  agents 
of  the  school  funds  shall  be  the  same  that  by  law  receive  and  con- 
trol the  state  and  county  revenue,  for  other  civil  purposes,  under 
such  regulations   as   may  be  provided  by  law. 

Section  7.  Money  to  be  Distributed.  The  money  subject  to  the 
support  and  maintenance  of  common  schools  shall  be  distributed 
to  the  districts  in  proportion  to  the  number  of  youths  between  the 
ages  of  five  and  twenty-one  years,  in  such  manner  as  may  be  pro- 
vided b\-  the  general  assembly. 


APPENDIX  I  333 

ARTICLE  X. — Amendments  to  the  Constitution 

Section  1.  Constitution.  Any  amendment  or  amendments  to 
this  constitution  may  be  proposed  in  either  liouse  of  the  general 
assembly;  and  if  the  same  shall  be  agreed  to  by  a  majority  of  the 
members  elected  to  each  of  the  two  houses,  such  proposed  amend- 
ment shall  be  entered  on  their  journals,  with  the  yeas  and  nays 
taken  thereon,  and  referred  to  the  legislature  to  be  chosen  at  the 
next  general  election,  and  shall  be  published,  as  provided  by  law, 
for  three  months  previous  to  the  time  of  making  such  choice;  and 
if,  in  the  general  assembly  so  next  chosen  as  aforesaid,  such  pro- 
posed amendment  or  amendments  shall  be  agreed  to,  by  a  majority 
of  all  the  members  elected  to  each  house,  then  it  shall  be  the  duty 
of  the  general  assembly  to  submit  such  proposed  amendment  or 
amendments  to  the  people  in  such  manner  and  at  such  time  as  the 
general  assembly  shall  provide;  and  if  the  people  shall  approve  and 
ratify  such  amendment  or  amendments  by  a  majority  of  the  electors 
qualified  to  vote  for  members  of  the  general  assembly,  voting  thereon, 
such  amendment  or  amendments  shall  become  a  part  of  the  constitu- 
tion of  this  state. 

Section  2.     More  than  One.     If  two  or  more  amendments  shall 

be    submitted    at    the    same   time,   they    shall    be    sul)mitted    in  such 

manner   that   the    electors   shall    vote    for   or    against    each    of  such 
amendments  separately. 

Section  3.  Convention.  At  the  general  election  to  be  held  in  the 
year  one  thousand  eight  hundred  and  seventy,  and  in  each  tenth 
year  thereafter,  and  also  at  such  times  as  the  general  assembly  may 
by  law  provide,  the  question,  "Shall  there  be  a  Convention  to  revise 
the  Constitution  and  amend  the  same?"  shall  be  decided  by  the 
electors  qualified  to  vote  for  members  of  the  general  assembly ;  and 
in  case  a  majority  of  the  electors  so  qualified,  voting  at  such  election 
for  and  against  such  proposition,  shall  decide  in  favor  of  a  conven- 
tion for  such  purpose,  the  general  assembly  at  its  next  session,  shall 
provide  by  law  for  the  election  of  delegates  to  such  convention. 

ARTICLE  XL — Miscellaneous 

Section  1.  Jurisdiction  of  Justice  of  the  Peace.  The  jurisdic- 
tion of  justices  of  the  peace  shall  extend  to  all  civil  cases  (except 
cases  in  chancery,  and  cases  where  the  question  of  title  to  real  estate 


334  IOWA  AND  THE  NATION 

may  arise)  where  the  amount  in  controversy  does  not  exceed  one 
hundred  dollars,  and  by  the  consent  of  parties  may  be  extended  to 
any  amount  not  exceeding  three  hundred  dollars. 

Section  2.  Counties.  No  new  county  shall  be  hereafter  created 
containing  less  than  four  hundred  and  thirty-two  square  miles,  nor 
shall  the  territory  of  any  organized  county  be  reduced  below  that 
area,  except  the  county  of  Worth,  and  the  counties  west  of  it,  along 
the  northern  boundary  of  this  state,  may  be  organized  without 
additional   territory. 

Section  3.  To  What  Amount  Counties  May  Become  Indebted. 
No  county,  or  other  political  or  municipal  corporation,  shall  be 
allowed  to  become  indebted,  in  any  manner  or  for  any  purpose,  to 
an  amount,  in  the  aggregate,  exceeding  five  per  centum  of  the  value 
of  the  taxable  property  within  such  county  or  corporation — to  be 
ascertained  by  the  last  state  and  county  tax  lists,  previous  to  the 
incurring  of  such  indebtedness. 

Section  4.  Boundaries.  The  boundaries  of  this  state  may  be  en- 
larged, with  tlie  consent  of  congress  and  the  general  assembly. 

Section  5.  Oath  of  OfUcc.  Every  person  elected  or  appointed  to 
any  office,  shall,  before  entering  upon  the  duties  thereof,  take  an 
oath  or  affirmation  to  support  the  constitution  of  the  United  States, 
and  of  this  state,  and  also  an  oath  of  office. 

Section  6.  How  J'acancies  Filled.  In  all  cases  of  elections  to 
fill  vacancies  in  office  occurring  before  the  expiration  of  a  full  term, 
the  person  so  elected  shall  hold  for  the  residue  of  the  unexpired 
term ;  and  all  persons  appointed  to  fill  vacancies  in  office  shall  hold 
until  the  next  general  election,  and  until  their  successors  are  elected 
and  qualified. 

Section  7.  Hozv  Lojids  Granted  May  be  Located.  The  general 
assembly  shall  not  locate  any  of  the  public  lands  which  have  been 
or  may  be  granted  by  congress  to  this  state,  and  the  location  of 
which  may  be  given  to  the  general  assembly,  upon  lands  actually 
settled,  without  the  consent  of  the  occupant.  The  extent  of  the 
claim  of  such  occupant  so  exempted  shall  not  exceed  three  hundred 
and   twenty   acres. 

Section  8.  Seat  of  Government.  The  seat  of  government  is 
■hereby  permanently   established,   as  now   fixed   by   law,   at  the   city 


APPENDIX  I  335 

of  Des  Moines,  in  the  county  of  Polk ;  and  the  state  universitj'  at 
Iowa  City,  in  the  county  of  Johnson. 


ARTICLE  XII.— Schedule 

Section  1.  Sitprejiic  Laze  of  the  State.  The  constitution  shall 
be  the  supreme  law  of  the  state,  and  any  law  inconsistent  therewith 
shall  be  void.  The  general  assembly  shall  pass  all  laws  necessary 
to  carry  this  constitution  into  effect. 

Section  2.  Lazvs  iii  Force.  All  laws  now  in  force  and  not  incon- 
sistent with  this  constitution,  shall  remain  in  force  until  they  .«hall 
expire   or   be    repealed. 

Section  3.  Lc.?a/  Process  Not  Affected.  All  indictments,  prose- 
cutions, stiits,  pleas,  plaints,  process,  and  other  proceedings  pend- 
ing in  any  of  the  courts,  shall  be  prosecuted  to  final  judgment  and 
execution;  and  all  appeals,  writs  of  error,  certiorari  and  injunc- 
tions, shall  be  carried  on  in  the  several  courts,  in  the  same  manner 
as  now  provided  by  law,  and  all  offenses,  misdemeanors  and  crimes 
that  may  have  been  committed  before  the  taking  effect  of  this  con- 
stitution, shall  be  subject  to  indictment,  trial  and  punishment,  in  the 
same  manner  as  they  would  have  been  had  not  this  constitution  been 
made. 

Section  4.  Fines,  Etc.,  Inure  to  the  State.  All  fines,  penalties, 
or  forfeitures  due,  or  to  become  due,  or  accruing  to  the  state,  or  to 
any  county  therein,  or  to  the  school  fund,  shall  inure  to  the  state, 
county,  or  school  fund  in  the  manner  prescribed  by  law. 

Section  5.  Bonds  in  Force.  All  bonds  executed  to  the  state,  or 
to  any  officer  in  his  official  capacity,  shall  remain  in  force  and 
inure  to  the  use  of  those  concerned. 

Section  6.  First  Election.  Governor  and  Lieutenant-Governor. 
The  election  under  this  constitution  shall  be  held  on  the  second  Tues- 
day in  October,  in  the  year  one  thousand  eight  hundred  and  fifty- 
seven,  at  which  time  the  electors  of  the  state  shall  elect  the  governor 
and  lieutenant-governor.  There  shall  also  be  elected  at  such  election 
the  successors  of  such,  state  senators  as  were  elected  at  the  August 
election,  in  the  year  one  thousand  eight  hundred  and  fifty-four,  and 
members  of  the  house  of  representatives,  who  shall  be  elected  in 
accordance  with   the   act  of   apportionment,   enacted  at   the   .session 


336  IOWA  AND  THE  NATION 

of  the  general  assembly  which  commenced  on  the  first  Monday  of 
December,  one  thousand  eight  hundred  and  fifty-six. 

S?:cTiON  7.  Secretary,  Auditor,  Etc.  The  first  election  for  secre- 
tary, auditor,  and  treasurer  of  state,  attorney-general,  district 
judges,  members  of  the  board  of  education,  district  attorneys,  mem- 
bers of  congress,  and  such  state  officers  as  shall  be  elected  at  the 
April  election  in  the  year  one  thousand  eight  hundred  and  fifty- 
seven  (except  the  superintendent  of  public  instruction),  and  such 
county  officers  as  were  elected  at  the  August  election  in  the  year 
one  thousand  eight  hundred  and  fifty-six,  except  prosecuting  attor- 
neys, shall  be  held  on  the  second  Tuesday  of  October,  one  thousand 
eight  hundred  and  fifty-eight :  Provided,  that  the  time  for  which 
any  district  judge  or  other  state  or  county  officer  elected  at  the 
April  election  in  the  year  one  thousand  eight  hundred  and  fift\- 
eight,  shall  not  extend  beyond  the  time  fixed  for  filling  like  offices 
at  the  October  election,  in  the  year  one  thousand  eight  hundred  and 
fifty-eight. 

Section  8.  Judges  of  Supreme  Court.  The  first  election  for 
judges  of  the  supreme  court,  and  such  county  officers  as  shall  be 
elected  at  the  August  election,  in  the  year  one  thousand  eight  hun- 
dred and  fifty-seven,  shall  be  held  on  the  second  Tuesday  of  October, 
in  the  year  one  thousand  eight  hundred  and  fifty-nine. 

Section  9.  First  Session,  General  Assembly.  The  first  regular 
session  of  the  general  assembly  shall  be  held  in  the  year  one  thou- 
sand eight  hundred  and  fifty-eight,  commencing  on  the  second 
Monday  of  January  of  said  year. 

Section  10.  Senators.  Senators  elected  at  the  August  election, 
in  the  year  one  thousand  eight  hundred  and  fifty-six,  shall  continue 
in  office  until  the  second  Tuesday  of  October,  in  the  year  one  thou- 
sand eight  hundred  and  fifty-nine,  at  wdiich  time  their  successor 
shall  be  elected  as  may  be  prescribed  by  law. 

Section  U.  Offices  Not  Vacated  by  Nezv  Constitution.  Every 
person  elected  by  popular  vote,  by  a  vote  of  the  general  assembly, 
or  who  may  hold  office  by  executive  appointment,  which  office  is 
continued  by  this  constitution,  and  every  persom  who  shall  be  so 
elected  or  appointed  to  any  such  office,  before  the  taking  efifect  of 
this  constitution  (except  as  in  this  constitution  otherwise  provided), 
shall  continue  in  office  until  the  term  for  which  such  person  has 
been  or  may  be  elected  or  appointed  shall  expire;  but  no  such  person 


APPENDIX  I  337 

shall   continue   in   office   after  the   taking  effect  of  this  constitution, 
for  a  longer  period  than  the  term  of  such  office  in  this  constitution 

prescribed. 

Section  12.  State  to  be  Districted.  The  general  assembly,  at 
the  first  session  under  this  constitution,  shall  district  the  state  into 
eleven  judicial  districts,  for  district  court  purposes;  and  shall  also 
provide  for  the  apportionment  of  the  members  of  the  general  assem- 
bly in  accordance  with  the  provisions  of  this  constitution. 

Section  13.  Constitution  to  he  I'oted  for  August,  1857.  This 
constitution  shall  be  submitted  to  the  electors  of  the  state  at  the 
August  election,  in  the  year  one  thousand  eight  huiulred  and  fifty- 
seven,  in  the  several  election  districts  in  this  state.  The  balK)ts  at 
such  election  shall  be  written  or  printed,  as  follows :  Those  in  favor 
of  the  constitution,  "New  Constitution — Yes."  Those  against  the 
constitution,  "New  Constitution — No."  The  election  shall  be  con- 
ducted in  the  same  manner  as  the  general  elections  of  the  state,  and 
the  poll-books  shall  be  returned  and  canvassed  as  provided  in  the 
twenty-fifth  chapter  of  the  code,  and  abstracts  shall  be  forwarded  to 
the  secretary  of  state,  which  abstracts  shall  be  canvassed  in  the 
manner  provided  for  the  canvass  of  state  officers;  and  if  it  shall 
appear  that  a  majority  of  all  the  votes  cast  at  such  election  for  and 
against  this  constitution  are  in  favor  of  the  same,  the  governor  shall 
immediately  issue  his  proclamation  stating  that  fact,  and  such  con- 
stitution shall  be  the  constitution  of  the  state  of  Iowa,  and  shall 
take  effect  from  and  after  the  publication  of  said  proclamation. 

Section  14.  Proposition  to  Strike  Out  the  Word  "IVIiite."  At 
the  same  election  at  which  this  constitution  is  submitted  to  the 
people  for  its  adoption  or  rejection,  a  proposition  to  amend  the 
same  by  striking  out  the  word  "white"  from  the  article  on  the 
"Right  of  Suffrage,"  shall  be  separately  submitted  to  the  electors 
of  this  state  for  adoption  or  rejection,  in  the  manner  following, 
viz. :  A  separate  ballot  may  be  given  by  every  person  having  a  right 
to  vote  at  said  election,  to  be  deposited  in  a  separate  box.  And 
those  given  for  the  adoption  of  such  proposition  shall  have  the 
words,  "Shall  the  word  'white'  be  stricken  out  of  the  article  on  the 
'Right  of  Suffrage?'  Yes."  And  those  given  against  the  proposition 
shall  have  the  words,  "Shall  the  word  'wdiite'  be  stricken  out  of  the 
article  on  the  'Right  of  Suft'rage?'  No."  And  if  at  said  election 
the  number  of  ballots  cast  in  favor  of  said  proposition  shall  be  equal 
to  a  majority  of  those  cast  for  and   against   this  constitution,   then 


338 


IOWA  AND  THE  NATION 


said  word  "white"  shall  be  stricken  from  said  article  and  be  no  part 

thereof. 

Section  15.  Mills  County.  Until  otherwise  directed  by  law,  the 
county  of  Mills  shall  be  in  and  a  part  of  the  sixth  judicial  district 
of  this  state. 

Done  in  convention  at  Iowa  City,  this  fifth  day  of  March,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty-seven, 
and  of  the  Independence  of  the  United  States  of  America  the 
eighty-first. 

SIGNERS 


Timothy  Day, 
S.  G.  Winchester, 
David  Bunker, 
D.  P.  Palmer, 
Geo.  W.  Ells, 
J.  C.  Hall, 
John  H.  Peters, 
Wm.  H.  Warren, 
H.  W.  Gray, 

ROBT.    GOWER, 

H.  D.  Gibson, 
Thomas  Seeley, 
A.  H.  Marvin, 
J.  H.  Emerson, 
R.  L.  B.  Clarke, 
James  A.  Young, 
D.  H.  Solomon, 
Attest : 

Th.  J.  Saunders,  Sec'y. 

E.  N.  Bates,  Assistant  Sec'y. 


W.  W^  Robinson, 
Lewis  Todhunter, 
John  Edwards, 
J.  C.  Traer, 
James  F.  Wilson, 
Amos  Harris, 
Jno.  T.  Clarke, 
S.  Ayres, 
Harvey  J.  Skiff, 
J.  A.  Parvin, 
W.  Penn  Clark, 
Jere  Hollingsworth, 
Wm.  Patterson, 
D.  W.  Price, 
Alpheas  Scott, 
Geo.  Gill  a  spy, 
Edward  Johnston, 
Francis  Springer,  Pres. 


Summary  of  Amendments  ' 

By  vote  of  the  people,  November  3d,  1868,  and  proclamation  of 
the  Governor,  December  8th,  1868 : 

1st.  Strike  the  word  "white"  from  section  one  of  article  two 
thereof. 

2d.  Strike  the  word  "white"  from  section  thirty-three  of  article 
three  thereof. 


APPENDIX  I  339 

3u.  Strike  the  word  "white"  from  section  thirty-four  of  article 
three  thereof. 

4th.  Strike  the  word  "white"'  from  section  thirty-five  of  article 
three  thereof. 

5th.  Strike  the  word  "white"  from  section  one  of  article  six 
thereof. 

By  vote  of  the  people,  November  2d,  1880,  and  certificate  of  the 
Board  of  State  Canvassers,  December  3d,  1880 : 

Strike  out  the  words  "free  white"  from  the  third  line  of  section 
four  [4]  of  article  three  [3]  of  said  constitution,  relating  to  the 
legislative  department. 

By  vote  of  the  people,  June  27th,  1882,  and  certificate  of  the  Board 
of  State  Canvassers,  July  28th,   1882: 

Section  26.  No  person  shall  manufacture,  for  sale  or  sell,  or 
keep  for  sale,  as  a  beverage,  any  into.xicating  liquors  whatever, 
including  ale,  wine  and  beer.  The  general  assembly  shall  by  law 
prescribe  regulations  for  the  enforcement  of  the  prohibition  herein 
contained,  and  shall  thereby  provide  suitable  penalties  for  the  viola- 
tion of  the  provisions  hereof. 

[The  supreme  court,  April  21st,  1883,  held  that  the  amendment, 
Section  26,  as  submitted  to  the  electors  did  not  become  a  part  of 
the  constitution.] 

By  vote  of  the  people,  November  4th,  1884,  and  certificate  of  the 
Board  of  State  Canvassers,  December  10th,  1884 : 

Amendment  1.  The  general  election  for  state,  district,  county 
and  township  officers,  shall  be  held  on  the  Tuesday  next  after  the 
first  Monday  in  November. 

Amendment  2.  At  any  regular  session  of  the  general  assembly 
the  state  may  be  divided  into  the  necessary  judicial  districts  for 
district  court  purposes,  or  the  said  districts  may  be  reorganized  and 
the  number  of  the  districts  and  the  judges  of  said  courts  increased 
or  diminished;  but  no  reorganization  of  the  districts  or  diminution 
of  the  judges  shall  have  the  efifect  of  removing  a  judge  from  ofiice. 

Amendment  3.  The  grand  jury  may  consist  of  any  number  of 
members,  not  less  than  five,  nor  more  than  fifteen,  as  the  general 
assembly  may  by  law  provide,  or  the  general  assembly  may  provide 
for  holding  persons  to  answer  for  any  criminal  offense  without  the 
intervention  of  a  grand  jury. 


340  IOWA  AND  THE  NATION 

Amendment  4.  That  section  13  of  article  5  of  the  constitution 
be   stricken  therefrom,  and   the   following  adopted  as   such   section: 

Section  13.  The  qualified  electors  of  each  county  shall,  at  the 
general  election  in  the  year  1886,  and  every  two  years  thereafter, 
elect  a  county  attorney,  who  shall  be  a  resident  of  the' county  for 
which  he  is  elected,  and  shall  hold  his  ofifice  for  two  years,  and 
until  the  successor  shall  have  been  elected  and  qualified. 


APPORTIONMENT    OF    SENATORS    AND    REPRESENTA- 
TIVES 

Amendments  ratified  by  the  people  of  the  state  of  Iowa,  November 
9,  1904. 

Amending  sections  thirty-four,  thirty-five  and  thirty-six  of  article 
three  of  the  state  constitution. 

Section  34.  The  senate  shall  be  composed  of  fifty  members  to 
be  elected  from  the  several  senatorial  districts,  established  by  law 
and  at  the  next  session  of  the  general  assembly  held  following  the 
taking  of  the  state  and  national  census,  they  shall  be  apportioned 
among  the  several  counties  or  districts,  according  to  the  population 
as  shown  by  the  last  preceding  census. 

Section  35.  The  house  of  representatives  shall  consist  of  not 
more  than  one  hundred  and  eight  members.  The  ratio  of  repre- 
sentation shall  be  determined  by  dividing  the  whole  number  of  the 
population  of  the  state  as  shown  by  the  last  preceding  state  or 
national  census  by  the  whole  number  of  counties  then  existing  or 
organized,  but  each  county  shall  constitute  one  representative  dis- 
trict and  be  entitled  to  one  representative,  but  each  county  having 
a  population  in  excess  of  the  ratio  number,  as  herein  provided,  of 
three-fifths  or  more  of  such  ratio  number  shall  be  entitled  to  one 
additional  representative,  but  said  addition  shall  extend  only  to  the 
nine  counties  having  the  greatest  population. 

Section  36.  The  general  assembly  shall  at  the  first  regular 
session  following  the  adoption  of  this  amendment,  and  at  each 
succeeding  regular  session  held  next  after  the  taking  of  such  census, 
fix  the  ratio  of  representation,  and  apportion  the  additional  repre- 
sentatives, as  hereinbefore  required. 


APPENDIX  I  341 

BIENNIAL   ELECTION   AMENDMENT 

Add  as  section  sixteen  to  article  twelve  of  the  constitution,  the 
following : 

Section  16.  The  first  general  election  after  the  adoption  of  this 
amendment  shall  he  held  on  the  Tuesday  next  after  the  first  Monday 
in  Novemher  in  the  year  one  thousand  nine  hundred  and  six,  and 
general  elections  shall  be  held  biennially  thereafter.  In  the  year 
one  thousand  nine  hundred  and  six  there  shall  be  elected  a  governor, 
lieutenant-governor,  secretary  of  state,  auditor  of  state,  treasurer 
of  state,  attorney  general,  two  judges  of  the  supreme  court,  the 
successors  of  the  judges  of  the  district  court  whose  terms  of  ofiice 
expire  on  December  31st,  one  thousand  nine  hundred  and  six,  state 
senators  who  would  otherwise  be  chosen  in  the  year  one  thousand 
nine  hundred  and  five,  and  members  of  the  house  of  representatives. 
The  terms  of  ofifice  of  the  judges  of  the  supreme  court  which  would 
otherwise  expire  December  3l5t,  in  odd  numbered  years,  and  all 
other  elective  state,  county  and  tt^wnship  officers,  whose  terms  of 
ofifice  would  otherwise  expire  in  January  in  the  year  one  thousand 
nine  hundred  and  six,  and  members  of  the  general  assembly  whose 
successors  would  otherwise  be  chosen  in  the  year  one  thousand  nine 
hundred  and  five,  are  hereby  extended  one  year  and  until  their 
successors  are  elected  and  qualified.  The  general  assembly  shall 
whose  successors  would  otherwise  be  chosen  in  the  year  one  thousand 
nine  hundred  and  seven  are  hereby  extended  one  year  and  until  their 
successors  are  elected  and  qualified.  The  General  Assembly  shall 
make  such  changes  in  the  law  governing  the  time  of  election  and 
terms  of  office  of  all  other  elective  officers  as  shall  be  necessary  to 
make  the  time  of  their  election  and  terms  of  office  conform  to  this 
amendment,  and  shall  provide  which  of  the  judges  of  the  supreme 
court  shall  serve  as  chief  justice.  The  general  assembly  shall 
meet  in  regular  session  on  the  second  Monday  in  January,  in  the 
j'ear  one  thousand  nine  hundred  and  six,  and  also  on  the  second 
Monday  in  January  in  the  year  one  thousand  nine  hundred  and 
seven,   and   biennially   thereafter. 


APPENDIX  II 
CONSTITUTION  OF  THE  UNITED  STATES 

1.  We,  the  people  of  the  United  States,  in  order  to  form  a  more 
perfect  union,  establish  justice,  insure  domestic  tranquillity,  provide 
for  the  common  defense,  promote  the  general  welfare,  and  secure 
the  blessings  of  liberty  to  ourselves  and  our  posterity,  do  ordain 
and  establish  this  constitution  for  the  United  States  of  America. 

ARTICLE  I 

SECTION    I 

2.  All  legislative  powers  herein  granted  shall  be  vested  in  a 
congress  of  the  United  States,  which  shall  consist  of  a  senate  and 
house  of  representatives. 

SECTION    II 

3.  The  house  of  representatives  shall  be  composed  of  members 
chosen  every  second  year  by  the  people  of  the  several  states,  and 
the  electors  in  each  state  shall  have  the  qualifications  requisite  for 
electors  of  the  most  numerous  branch  of  the  state  legislature. 

4.  No  person  shall  be  a  representative  who  shall  not  have  attained 
the  age  of  twenty-five  years,  and  been  seven  years  a  citizen  of  the 
United  States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of 
that  state  in  which  he  shall  be  chosen. 

5.  Representatives  and  direct  taxes  shall  be  apportioned  among 
the  several  states  which  may  be  included  within  this  Union,  accord- 
ing to  their  respective  numbers,  which  shall  be  determined  by  adding 
to  the  whole  number  of  free  persons,  including  those  bound  to 
service  for  a  term  of  years,  and  excluding  Indians  not  taxed,  three- 
fifths  of  all  other  persons.  The  actual  enumeration  shall  be  made 
within  three  years  after  the  first  meeting  of  the  congress  of  the 
United   States,   and  within  every   subsequent  term  of  ten  years,  in 

342 


APPENDIX  U  343 

sucli  manner  as  they  shall  by  law  direct.  The  number  of  repre- 
sentatives shall  not  exceed  one  for  every  thirty  thousand,  but  each 
state  shall  have  at  least  one  representative ;  and  until  such  enumera- 
tion shall  be  made,  the  state  of  New  Hampshire  shall  be  entitled  to 
choose  three,  Massachusetts  eight,  Rhode  Island  and  Prcwidence 
Plantations  one,  Connecticut  five,  Nezv  York  six,  Nciv  Jersey  four, 
Pennsylvania  eight,  Delaware  one,  Maryland  six,  Virginia  ten,  North 
Carolina  five.  South  Carolina  five,  and  Georgia  three. 

6.  When  vacancies  happen  in  the  representation  from  any  state, 
the  executive  authority  thereof  shall  issue  writs  of  election  to  fill 
such  vacancies. 

7.  The  house  of  representatives  shall  choose  their  speaker  and 
other  officers,  and  shall  have  the  sole  power  of  impeachment. 

SECTION  HI 

8.  The  senate  of  the  United  States  shall  be  composed  of  two 
senators  from  each  state,  chosen  by  the  legislature  thereof,  for  six 
years ;  and  each  senator  shall  have  one  vote. 

9.  Immediately  after  they  shall  be  assembled  in  consequence  of 
the  first  election,  they  shall  be  divided  as  equally  as  may  be  into 
three  classes.  The  seats  of  the  senators  of  the  first  class  shall  be 
vacated  at  the  expiration  of  the  second  year;  of  the  second  class, 
at  the  expiration  of  the  fourth  year,  and  of  the  third  class,  at  the 
expiration  of  the  sixth  year,  so  that  one-third  may  be  chosen  every 
second  year;  and  if  vacancies  happen  by  resignation  or  otherwise 
during  the  recess  of  the  legislature  of  any  state,  the  executive 
thereof  may  make  temporary  appointments  until  the  next  meeting 
of  the  legislature,  which   shall  then  fill  such  vacancies. 

10.  No  person  shall  be  a  senator  who  shall  not  have  attained  to 
the  age  of  thirty  years,  and  been  nine  years  a  citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of  that 
state  for  which  he  shall  be  chosen. 

11.  The  vice-president  of  the  United  States  shall  be  president  of 
the  senate,  but  shall  have  no  vote,  unless  they  be  equally  divided. 

12.  The  senate  shall  choose  their  other  officers,  and  also  a  presi- 
dent pro  tempore  in  the  absence  of  the  vice-president,  or  when  he 
shall  exercise  the  office  of  president  of  the  United  States. 

13.  The  senate  shall  have  the  sole  power  to  try  all  impeachments. 
When  sitting  for  that  purpose  they  shall  be  on  oath  or  affirmation. 
When  the  president  of  the  United  States  is  tried,  the  Chief  justice 


344  IOWA  AND  THE  NATION 

shall   preside;    and   no  person   shall   be   convicted   without   the   con- 
currence of  two-thirds  of  the  members  present. 

14.  Judgment  in  cases  of  impeachment  shall  not  extend  further 
than  to  removal  from  office,  and  disqualification  to  hold  and  enjoy 
any  office  of  honor,  trust,  or  profit  under  the  United  States ;  but 
the  party  convicted  shall,  nevertheless,  be  liable  and  subject  to 
indictment,  trial,  judgment,  and  punishment,  according  to  law. 

SECTION    IV 

15.  The  times,  places,  and  manner  of  holding  elections  for 
senators  and  representatives  shall  be  prescribed  in  each  state  by 
the  legislature  thereof ;  but  the  congress  may  at  any  time  by  law 
make  or  alter  such  regulations,  except  as  to  the  places  of  choosing 
senators. 

16.  The  congress  shall  assemble  at  least  once  in  every  year,  and 
such  meeting  shall  be  on  the  first  Monday  in  December,  unless  they 
shall  by  law  appoint  a  different  day. 

SECTION   V 

17.  Each  house  shall  be  the  judge  of  the  elections,  returns,  and 
qualifications  of  its  own  members,  and  a  majority  of  each  shall 
constitute  a  quorum  to  do  business ;  but  a  smaller  number  may 
adjourn  from  day  to  day,  and  may  be  authorized  to  compel  the 
attendance  of  absent  members,  in  such  manner,  and  under  such 
penalties,  as  each  house  may  provide. 

18.  Each  house  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behavior,  and  with  the  concur- 
rence of  two-thirds,  expel  a  member. 

19.  Each  house  shall  keep  a  journal  of  its  proceedings,  and 
from  time  to  time  publish  the  same,  excepting  such  parts  as  may 
in  their  judgment  require  secrecy,  and  the  yeas  and  nays  of  the 
members  of  either  house  on  any  question  shall,  at  the  desire  of  one- 
fifth  of  those  present,  be  entered  on  the  journal. 

20.  Neither  house  during  the  session  of  congress  shall,  with- 
out the  consent  of  the  other,  adjourn  for  more  than  three  days,  nor 
to  any  other  place  than  that  in  which  the  two  houses  shall  be  sitting. 

SECTION  VI 

21.  The  senators  and  representatives  shall  receive  a  compensa- 
tion  for   their   services,   to  be   ascertained  by   law   and   paid   out   of 


APPENDIX  II  345 

the  treasury  of  the  United  States.  They  shall,  in  all  cases  except 
treason,  felony,  and  breach  of  the  peace  be  privileged  from  arrest 
during  their  attendance  at  the  session  of  their  respective  houses, 
and  in  going  to  and  returning  from  the  same ;  and  for  any  speech 
or  debate  in  either  house  they  shall  not  be  questioned  in  any 
other  place. 

22.  No  senator  or  representative  shall,  during  the  time  for  which 
he  was  elected,  be  appointed  to  any  civil  oflfice  under  the  authority 
of  the  United  States,  which  shall  have  been  created,  or  the  emolu- 
ments whereof  shall  have  been  increased  during  such  time;  and 
no  person  holding  any  office  under  the  United  States  shall  be  a 
member  of  either  house  during  his  continuance  in  office. 

SECTION    VII 

23.  All  bills  for  raising  revenue  shall  originate  in  the  house  of 
representatives ;  but  the  senate  may  propose  or  concur  with  amend- 
ments as  on  other  bills. 

24.  Every  bill  which  shall  have  passed  the  house  of  representa- 
tives and  the  senate  shall,  before  it  becomes  a  law,  be  presented  to 
the  president  of  the  United  States;  if  he  approve,  he  shall  sign  it, 
but  if  not  he  shall  return  it,  with  his  objections,  to  that  house  in 
which  it  shall  have  originated,  who  shall  enter  the  objections  at 
large  on  their  journal  and  proceed  to  reconsider  it.  If  after  such 
reconsideration  two-thirds  of  that  house  shall  agree  to  pass  the 
bill,  it  shall  be  sent,  together  with  the  objections,  to  the  other  house, 
by  which  it  shall  likewise  be  reconsidered,  and  if  approved  by  two- 
thirds  of  that  house  it  shall  become  a  law.  But  in  all  such  cases 
the  votes  of  both  houses  shall  be  determined  by  yeas  and  nays,  and 
the  names  of  the  persons  voting  for  and  against  the  bill  shall  be 
entered  on  the  journal  of  each  house  respectively.  If  any  bill  shall 
not  be  returned  by  the  president  within  ten  days  (Sundays  excepted) 
after  it  shall  have  been  presented  to  him,  the  same  shall  be  a  law, 
in  like  manner  as  if  he  had  signed  it,  unless  the  congress  by  their 
adjournment  prevent  its  return,  in  which  case  it  shall  not  be  a  law. 

25.  Every  order,  resolution,  or  vote  to  which  the  concurrence  of 
the  senate  and  house  of  representatives  may  be'  necessary  (except 
on  a  question  of  adjournment)  shall  be  presented  to  the  president  of 
the  United  States ;  and  before  the  same  shall  take  effect  shall  be 
approved  by  him,  or  being  disapproved  by  him,  shall  be  repassed 
by  two-thirds  of  the  senate  and  house  of  representatives,  according 
to  the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 


346  IOWA  AXD  THE  NATION 

SECTION   VIII 

26.  The  congress  shall  have  power  to  lay  and  collect  taxes, 
duties,  imposts,  and  excises,  to  pay  the  debts  and  provide  for  the 
common  defense  and  general  welfare  of  the  United  States ;  but  all 
duties,  imposts,  and  excises  shall  be  uniform  throughout  the  United 
States ; 

27.  To  borrow  money  on  the  credit  of  the  United  States ; 

28.  To  regulate  commerce  with  foreign  nations  and  among  the 
several  states,  and  with  the  Indian  tribes; 

29.  To  establish  an  uniform  rule  of  naturalization,  and  uniform 
laws  on  the  subject  of  bankruptcies  throughout  the  United  States; 

30.  To  coin  money,  regulate  the  value  thereof,  and  of  foreign 
coin,  and  fix  the  standard  of  weights  and  measures ; 

31.  To  provide  for  the  punishment  of  counterfeiting  the  securities 
and  current   coin  of  the   United   States; 

32.  To  establish  post-offices  and  post-roads ; 

33.  To  promote  the  progress  of  science  and  useful  arts  by  secur- 
ing for  limited  times  to  authors  and  inventors  the  exclusive  right  to 
their  respective  writings  and  discoveries ; 

34.  To  constitute  tribunals  inferior  to  the  supreme  court ; 

35.  To  define  and  punish  piracies  and  felonies  committed  on  the 
high  seas  and  offenses  against  the  law  of  nations; 

36.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and 
make  rules  concerning  captures  on  land  and  water; 

37.  To  raise  and  support  armies,  but  no  appropriation  of  money 
to  that  use  shall  be  for  a  longer  term  than  two  years ; 

38.  To  provide  and  maintain  a  navy; 

39.  To  make  rules  for  the  government  and  regulation  of  the  land 
and  naval  forces ; 

40.  To  provide  for  calling  forth  the  militia  to  execute  the  laws 
of  the  Union,   suppress  insurrections,   and   repel   invasions; 

41.  To  provide  for  organizing,  arming  and  disciplining  the  militia, 
and  for  governing  such  part  of  them  as  may  be  employed  in  the 
service  of  the  United  States,  reserving  to  the  states  respectively 
the  appointment  of  the  officers,  and  the  authority  of  training  the 
militia  according  to  the  discipline  prescribed  by  congress. 

42.  To  exercise  exclusive  legislation  in  all  cases  whatsoever  over 
such  district  (not  exceeding  ten  miles  square)  as  may,  by  cession 
of  particular  states  and  the  acceptance  of  congress,  become  the 
seat  of  the  government  of  the  United  States,  and  to  exercise  like 


APPENDIX  II  347 

authority  over  all  places  purchased  by  the  consent  of  the  legislature 
of.  the  state  in  which  the  same  shall  be,  for  the  erection  of  forts, 
magazines,  arsenals,  dockyards,  and  other  needful  buildings;  and 

43.  To  make  all  laws  which  shall  be  necessary  and  proper  for 
carrying  into  execution  the  foregoing  powers,  and  all  other  powers 
vested  by  this  constitution  in  the  government  of  tiie  United  States, 
or  in  any  department  or  officer  thereof. 

SECTION    IX 

44.  The  migration  or  importation  of  such  persons  as  any  of  the 
states  now  existing  shall  think  proper  to  admit  shall  not  be  pro- 
hibited by  the  congress  prior  to  the  year  one  thousand  eight  hundred 
and  eight,  but  a  tax  or  duty  may  be  imposed  on  such  importation, 
not  exceeding  ten  dollars  for  each  person. 

45.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  when  in  cases  of  rebellion  or  invasion  the  public 
safety  may  require  it. 

46.  No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed. 

47.  No  capitation  or  other  direct  tax  shall  be  laid,  unless  in 
proportion  to  the  census  or  enumeration  hereinbefore  directed  to 
be  taken. 

48.  No  tax  or  duty  shall  be  laid  on  articles  e.xported  from  any 
state. 

49.  No  preference  shall  be  given  by  any  regulation  of  commerce 
or  revenue  to  the  ports  of  one  state  over  those  of  another;  nor 
shall  vessels  bound  to  or  from  one  state  be  obliged  to  enter,  clear, 
or  pay  duties  in  another. 

50.  No  money  shall  be  drawn  from  the  treasury  but  in  conse- 
quence of  appropriations  made  by  law ;  and  a  regular  statement 
and  account  of  the  receipts  and  expenditures  of  all  public  money 
shall  be  published  from  time  to  time. 

51.  No  title  of  nobility  shall  be  granted  by  the  United  States; 
and  no  person  holding  any  office  of  profit  or  trust  under  them 
shall,  without  the  consent  of  the  congress,  accept  of  any  present, 
emolument,  office,  or  title,  of  any  kind,  whatever,  from  any  king 
prince,  or  foreign  state. 

SECTION   X 

52.  No  state  shall  enter  into  any  treaty,  alliance,  or  confederation ; 
grant    letters    of   marque    and    reprisal;    coin    money;    emit   bills    of 


348  IOWA  AND  THE  NATION 

credit ;  make  anything  but  gold  and  silver  coin  a  tender  in  payment 
of  debts;  pass  any  bill  of  attainder,  ex  post  facto  law,  or  law  impair- 
ing the  obligation  of  contracts,  or  grant  any  title  of  nobility. 

53.  No  state  shall,  without  the  consent  of  congress,  lay  any 
imposts  or  duties  on  imports  or  exports,  except  what  may  be  abso- 
lutely necessary  for  executing  its  inspection  laws,  and  the  net  produce 
of  all  duties  and  imposts,  laid  by  any  state  on  imports  or  exports, 
shall  be  for  the  use  of  the  treasury  of  the  United  States;  and  all 
such  laws  shall  be  subject  to  the  revision  and  control  of  the  congress. 

54.  No  state  shall,  without  the  consent  of  congress,  lay  any  duty 
of  tonnage,  keep  troops  or  ships  of  war  in  time  of  peace,  enter  into 
any  agreement  or  compact  with  another  state  or  with  a  foreign 
power,  or  engage  in  war,  unless  actually  invaded  or  in  such  imminent 
danger  as  will  not  admit  of  delav. 


ARTICLE  II 

SECTION    I 

55.  The  executive  power  shall  be  vested  in  a  president  of  the 
United  States  of  America.  He  shall  hold  his  office  during  the 
term  of  four  years,  and  together  with  the  vice-president,  chosen 
for  the  same  term,  be  elected  as  follows : 

56.  Each  state  shall  appoint,  in  such  manner  as  the  legislature 
thereof  may  direct,  a  number  of  electors,  equal  to  the  whole  number 
of  senators  and  representatives  to  which  the  state  may  be  entitled 
in  the  congress ;  but  no  senator  or  representative,  or  person  holding 
an  office  of  trust  or  profit  under  the  United  States,  shall  be 
appointed  an  elector. 

This  clause  was  superseded  by  the  twelfth  amendment  to  the 
constitution,  which  reads  as  follows : 

The  electors  shall  meet  in  their  respective  states  and  vote  by 
ballot  for  two  persons,  of  whom  one  at  least  shall  not  be  an  inhab- 
itant of  the  same  state  with  themselves.  And  they  shall  make  a 
list  of  all  the  persons  voted  for,  and  of  the  number  of  votes  for 
each;  which  list  they  shall  sign  and  certify,  and  transmit  sealed  to 
the  seat  of  government  of  the  United  States,  directed  to  the  presi- 
dent of  the  senate.  The  president  of  the  senate  shall,  in  the  presence 
of  the  senate  and  house  of  representatives,  open  all  the  certificates; 
and  the  votes  shall  then  be  counted.  The  person  having  the  greatest 
number  of  votes  shall  be  the  president,  if  such  number  be  a  majority 


APPENDIX  II  349 

of  the  whole  number  of  electors  appointed;  and  it  there  be  more  than 
one  who  have  such  majority,  and  have  an  cciual  number  of  votes,  then 
the  house  of  representatives  shall  immediately  choose  by  ballot  one 
of  them  for  president;  and  if  no  person  have  a  majority,  then  from 
the  five  highest  on  the  list  the  said  house  shall  in  like  manner 
choose  the  president.  But  in  choosing  the  president  the  votes  shall 
be  taken  by  states,  the  representation  from  each  state  having  one 
vote;  a  quorum  for  this  purpose  shall  consist  of  a  member  or  mem- 
bers from  two-thirds  of  the  states,  and  a  majority  of  all  the  states 
shall  be  necessary  to  a,  choice.  In  every  case,  after  the  choice  of 
the  president,  the  person  having  the  greatest  number  of  votes  of 
the  electors  shall  be  the  vice-president.  But  if  there  should  remain 
two  or  more  who  have  equal  votes,  the  senate  shall  choose  from 
them  by  ballot  the  vice-president. 

57.  The  congress  may  determine  the  time  of  choosing  the  electors 
and  the  day  on  which  the}^  shall  give  their  votes,  which  day  shall 
be  the  same  throughout  the  United  States. 

58.  No  person  except  a  natural  born  citizen,  or  a  citizen  of  the 
United  States  at  tl>e  time  of  the  adoption  of  this  constitution,  shall 
be  eligible  to  the  office  of  president ;  neither  shall  any  person  be 
eligible  to  that  office  who  shall  not  have  attained  to  the  age  of  thirty- 
five  years,  and  been  fourteen  years  a  resident  within  the  United 
States. 

59.  In  case  of  the  removal  of  the  president  from  office,  or  of  his 
death,  resignation  or  inability  to  discharge  the  powers  and  duties 
of  the  said  office,  the  same  shall  devolve  on  the  vice-president,  and 
the  congress  may  by  law  provide  for  the  case  of  removal,  death, 
resignation  or  inability,  both  of  the  president  and  vice-president, 
declaring  what  officer  shall  then  act  as  president,  and  such  officer 
shall  act  accordingly  until  the  disability  be  removed  or  the  president 
.shall  be  elected. 

60.  The  president  shall,  at  stated  times,  receive  for  his  services 
a  compensation,  which  shall  neither  be  increased  nor  diminished 
during  the  period  for  which  he  may  have  been  elected,  and  he  shall 
not  receive  within  that  period  any  other  emolument  from  the 
United  States  or  any  of  them. 

61.  Before  he  enter  on  the  execution  of  bis  office  he  shall  take 
the  following  oath  or  affirmation  : 

"I  do  solemnly  swear  (or  affirm)  that  T  will  faithfully  execute 
the  office  of  president  of  the  United  States,  and  will  to  the  best  of 


350  IOWA  AND  thp:  nation 

my    ability    preserve,    protect    and    defend    the    constitution    of    the 
United  States." 

SECTION    II 

62.  The  president  shall  be  commander-in-chief  of  the  army  and 
navy  of  the  United  States,  and  of  the  militia  of  the  several  states 
when  called  into  the  actual  service  of  the  United  States;  he  may 
require  the  opinion,  in  writing,  of  the  principal  officer  in  each  of 
the  executive  departments  upon  any  .subject  relating  to  the  duties 
of  their  respective  offices,  and  he  shall  have  power  to  grant 
reprieves  and  pardons  for  offenses  against  the  United  States,  except 
in  cases  of  impeachment. 

63.  He  shall  have  power,  by  and  with  the  advice  and  consent  of 
the  senate,  to  make  treaties,  provided  two-thirds  of  the  senators 
present  concur;  and  he  shall  nominate,  and,  by  and  with  the  advice 
and  consent  of  the  senate,  shall  appoint  ambassadors,  other  public 
ministers  and  consuls,  judges  of  the  supreme  court,  and  all  other 
officers  of  the  United  States  whose  appointments  are  not  herein 
otherwise  provided  for,  and  which  shall  be  established  by  law;  but 
the  congress  may  by  law  vest  the  appointment  of  such  inferior 
officers  as  they  think  proper,  in  the  president  alone,  in  the  courts 
of  law  or  in  the  heads  of  departments. 

64.  The  president  shall  have  power  to  fill  up  all  vacancies  that 
may  happen  during  the  recess  of  the  senate,  by  granting  commis- 
sions which  shall  expire  at  the  end  of  their  next  session. 

SECTION    III 

65.  He  shall  from  time  to  time  give  to  the  congress  information 
of  the  state  of  the  Union,  and  recommend  to  their  consideration 
such  measures  as  he  shall  judge  necessary  and  expedient;  he  may, 
on  extraordinary  occasions,  convene  both  houses,  or  either  of  them, 
and  in  case  of  disagreement  between  them  with  respect  to  the 
time  of  adjournment,  he  may  adjourn  them  to  such  time  as  he  shall 
think  proper;  he  shall  receive  ambassadors  and  other  public 
ministers;  he  shall  take  care  that  the  laws  be  faithfully  executed, 
and  shall  commission  all  the  officers  of  the  United  States. 

SECTION-   IV 

66.  The  president,  vice-president,  and  all  civil  officers  of  the 
United  States  shall  be  removed  from  office  on  impeachment  for 
and  conviction  of  treason,  bribery,  or  other  high  crimes  and  mis- 
demeanors. 


APPENDIX  II  351 

ARTICLE   III 

SECTION    I 

(iJ.  The  judicial  power  of  the  United  States  shall  be  vested  in 
one  supreme  court,  and  in  such  inferior  courts  as  the  congress  may 
from  time  to  time  ordain  and  establish.  The  judges,  both  of  the 
supreme  and  inferior  courts,  shall  hold  their  offices  during  good 
behavior,  and  shall,  at  stated  times,  receive  for  their  services  a 
compensation  which  shall  not  be  diminished  during  their  continu- 
ance in  office. 

SECTION    II 

68.  The  judicial  power  shall  extend  to  all  cases  in  law  and 
equity  arising  under  this  constitution,  the  laws  of  the  United 
States,  and  treaties  made,  or  which  shall  be  made,  under  their 
authority;  to  all  cases  affecting  ambassadors,  other  public  ministers 
and  consuls;  to  all  cases  of  admiralty  and  maritime  jurisdiction; 
to  controversies  to  which  the  United  States  shall  be  a  party ; 
to  controversies  between  two  or  more  states ;  between  a  state  and 
citizens  of  another  state;  between  citizens  of  different  states; 
between  citizens  of  the  same  state  claiming  lands  under  grants  of 
different  states,  and  between  a  state,  or  the  citizens  thereof,  and 
foreign  states,  citizens  or  subjects. 

69.  In  all  cases  affecting  ambassadors,  other  public  ministers 
and  consuls,  and  those  in  which  a  state  shall  be  a  party,  the  supreme 
court  shall  have  original  jurisdiction.  In  all  the  other  cases  before 
mentioned  the  supreme  court  shall  have  appellate  jurisdiction,  both 
as  to  law  and  fact,  with  such  exceptions  and  under  such  regulations 
as  the  congress  shall  make. 

70.  The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall 
be  by  jury;  and  such  trial  shall  be  held  in  the  state  where  the  said 
crimes  shall  have  been  committed ;  but  when  not  committed  within 
any  state,  the  trial  shall  be  at  such  place  or  places  as  the  congress 
may  by  law  have  directed. 

SECTION   III 

71.  Treason  against  the  United  States  shall  consist  only  in 
levying  war  against  them,  or  in  adhering  to  their  enemies,  giving 
them   aid   and   comfort.     No   person    shall    be   convicted   of   treason 


352  IOWA  AND  THE  NATION 

unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or 
on  confession  in  open  court. 

72.  The  congress  shall  have  power  to  declare  the  punishment  of 
treason,  Init  no  attainder  of  treason  shall  work  corruption  of  blood 
or  forfeiture  except  during  the  life  of  the  person  attainted. 

ARTICLE  IV 

SECTION    I 

73.  Full  faith  and  credit  shall  be  given  in  each  state  to  the 
public  acts,  records,  and  judicial  proceedings  of  every  other  state. 
And  the  congress  may  by  general  laws  prescribe  the  manner  in 
which  such  acts,  records,  and  proceedings  shall  be  proved,  and  the 
efifect  thereof. 

SECTION    II 

74.  The  citizens  of  each  state  shall  be  entitled  to  all  privileges 
and  immunities  of  citizens  in  the  several  states. 

75.  A  person  charged  in  any  state  with  treason,  felony,  or  other 
crime,  who  shall  flee  from  justice,  and  be  found  in  another  state, 
shall,  on  demand  of  the  executive  authority  of  the  state  from  which 
he  fled,  be  delivered  up,  to  be  removed  to  the  state  having  jurisdiction 
of  the  crime. 

76.  No  person  held  to  service  or  labor  in  one  state,  under  the 
laws  thereof,  escaping  into  another,  shall,  in  consequence  of  any  law 
or  regulation  therein,  be  discharged  from  such  service  or  labor,  but 
shall  be  delivered  up  on  claim  of  the  party  to  whom  such  service 
or  labor  may  be  due;. 

SECTION    III 

77.  New  states  may  be  admitted  by  the  congress  into  this  Union; 
but  no  new  state  shall  be  formed  or  erected  within  the  jurisdiction 
of  any  other  state;  nor  any  state  be  formed  by  the  junction  of  two 
or  more  states  or  parts  of  states,  without  the  consent  of  the  legisla- 
tures of  the  states  concerned  as  well  as  of  the  congress. 

78.  The  congress  shall  have  power  to  dispose  of  and  make  all 
needful  rules  and  regulations  respecting  the  territory  or  other 
property  belonging  to  the  United  States ;  and  nothing  in  this  con- 
stitution shall  be  so  construed  as  to  prejudice  any  claims  of  the 
United  States  or  of  any  particular  state. 


APPENDIX  II  353 

SECTION   IV 

79.  The  United  States  shall  guarantee  to  every  state  in  this 
Union  a  republican  form  of  government,  and  shall  protect  each  nf 
them  against  invasion,  ami  on  application  of  the  legislature,  or  of 
the  executive  (when  the  legislature  cannot  be  convened),  against 
domestic  violence. 

ARTICLE  V 

80.  The  congress,  whenever  two-thirds  nf  both  houses  shall  deem 
it  necessary,  shall  propose  amendments  to  this  constitution,  or,  on 
the  application  of  the  legislatures  of  two-thirds  of  the  several 
states,  shall  call  a  convention  for  proposing  amendments,  which  in 
either  case  shall  be  valid  to  all  intents  and  purposes  as  part  of 
this  constitution,  when  ratified  by  the  legislatures  of  three-fourths 
of  the  several  states,  or  by  conventions  in  three-fourths  thereof, 
as  the  one  or  the  other  mode  of  ratification  may  be  proposed  by 
the  congress,  provided  that  no  amendments  which  may  be  made 
prior  to  the  year  one  thousand  eight  hundred  and  eight  shall  in  any 
manner  affect  the  first  and  fourth  clauses  in  the  ninth  section  of  the 
first  article ;  and  that  no  state,  without  its  consent,  shall  be  deprived 
of  its  equal  suffrage  in  the  senate. 

ARTICLE  VI 

8L  All  debts  contracted  and  engagements  entered  into,  before 
the  adoption  of  this  constitution  shall  be  as  valid  against  the  United 
States   under   this   constitution   as  under  the   confederation. 

82.  This  constitution,  and  the  laws  of  the  United  States  which 
shall  be  made  in  pursuance  thereof,  and  all  treaties  made,  or  which 
shall  be  made,  under  the  authority  of  the  United  States,  shall  be 
the  supreme  law  of  the  land;  and  the  judges  in  every  state  shall 
be  bound  thereby,  anything  in  the  constitution  or  laws  of  any 
state  to  the  contrary  notwithstanding. 

83.  The  senators  and  representatives  before  mentioned,  and  the 
members  of  the  several  state  legislatures  and  all  executive  and 
judicial  officers,  both  of  the  United  States  and  of  the  several  states. 
shall  be  bound  by  oath  or  afiirmation  to  support  this  constitution ; 
but  no  rehgious  test  shall  ever  be  required  as  a  qualification  to  any 
office  or  public  trust  under  the  United  States. 


354  TOWA  AND  THE  NATION 

ARTICLE  VII 

84.  The  ratification  of  the  conventions  of  nine  states  shall  be 
sufficient  for  the  establishment  of  this  constitution  between  the 
states  so  ratifying  the  same. 

Done    in    convention    by    the    unanimous    consent    of    the    states 

present,  the  seventeenth   day  of  September,   in  the  year  of  our 

Lord  one  thousand  seven  hundred  and  eighty-seven,  and  of  the 

independence    of    the    United    States    of    America    the    twelfth. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names. 
George   Washington,    President,    and    Deputy   from    Virginia. 
New  Hampshire — John  Langdon,  Nicholas  Gilman. 
Massachusetts — Nathaniel  Gorman,  Rufus  King. 
Connecticut — William  Samuel  Johnson,  Roger  Sherman. 
New  York — Alexander  Hamilton. 
New  Jersey— William  Livingston,  David  Brearly,  William  Patterson, 

Jonathan  Dayton. 
Pennsylvania — Benjamin  Franklin,  Thomas  MifHin,  Robert  Morris. 

George    Clymer,    Thomas    Fitzsimons,    Jared    Ingersoll,    James 

Wilson,  Gouverneur  Morris. 
Delaware — George   Read,   Gunning   Bedford,   Jr..   John    Dickinson. 

Richard  Bassett,  Jacob  Broom. 
Maryland — James  McHenry,  Daniel  of  St.  Thomas  Jenifer,  Daniel 

Carroll. 
Virginia — John  Blair,  James  Madison,  Jr. 
North   Carolina^ — William   Blount,   Richard    Dobbs   Spaight.    Hugh 

Williamson. 
South    Carolina — John    Rutledge,    Charles    Cotesworth    Pinckney, 

Pierce  Butler. 
Georgia — William   Few,   Abraham   Baldwin. 

Attest:    William   Jackson,   Secretary. 

AMENDMENTS 

ARTICLE  I     • 

85.  Congress  shall  make  no  law  respecting  an  establishment  of 
religion,  or  prohibiting  the  free  exercise  thereof;  or  abridging  the 
freedom  of  speech  or  of  the  press;  or  the  right  of  the  people 
peaceably  to  assemble,  and  to  petition  the  government  for  a  redress 
of  grievances. 


APIM'XDIX  II  355 

ARTICLE  II 

86.  A  well-regulated  militia  being  necessary  to  the  security  of  a 
free  state,  the  right  of  the  people  to  keep  and  bear  arms  shall  not 
be  infringed. 

ARTICLI".  Ill 

87.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner,  nor  in  time  of  war,  but  in  a 
manner  to  be  prescribed  by  law. 

ARTICLE   IV 

88.  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  and  effects,  against  unreasonable  searches  and  seizures,  shall 
not  be  violated,  and  no  warrants  shall  issue  but  upon  probable 
cause,  supported  by  oath  or  affirmation,  and  particularly  describing 
the  place  to  be  searched,  and  the  person  or  things  to  be  seized. 

ARTICLE  V 

89.  No  person  shall  be  held  to  answer  for  a  capital  or  other- 
wise infamous  crime,  unless  on  a  presentment  or  indictment  of  a 
grand  jury,  except  in  cases  arising  in  the  land  or  naval  forces,  or 
in  the  militia,  when  in  actual  service  in  time  of  war  or  public 
danger;  nor  shall  any  person  be  subject  for  the  same  offense  to  be 
twice  put  in  jeopardy  of  life  or  limb;  nor  shall  be  compelled  in  any 
criminal  case  to  be  a  witness  against  himself,  nor  be  deprived  of 
life,  liberty,  or  property,  without  due  process  of  law;  nor  shall 
private  property  be  taken  for  public  use  without  just  compensation. 

ARTICLE  VI 

90.  In  all  criminal  prosecutions  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the  state 
or  district  wherein  the  crime  shall  have  been  committed,  which 
district  shall  have  been  previously  ascertained  by  law,  and  to  be 
informed  of  the  nature  and  cause  of  the  accusation ;  to  be  con- 
fronted with  the  witnesses  against  him ;  to  have  compulsory  process 
for  obtaining  witnesses  in  his  favor,  and  to  have  the  assistance 
of  covmsel  for  his  defense. 


356  IOWA  AND  THE  NATION 

ARTICLE  VII 

91.  In  suits  at  common  law,  wliere  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be 
preserved,  and  no  fact  tried  by  a  jury  shall  be  otherwise  re-examined 
in  any  court  of  the  United  States,  than  according  to  the  rules  of  the 
common  law. 

ARTICLE  VIII 

92.  Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

ARTICLE  IX 

93.  The  enumeration  in  the  constitution  of  certain  rights  shall 
not  be  construed  to  deny  or  disparage  others  retained  by  the  people. 

ARTICLE  X 

94.  The  powers  not  delegated  to  the  LTnited  States  by  the  con- 
stitution, nor  prohibited  by  it  to  the  states,  are  reserved  to  the  states 
respectively  or  to  the  people. 

ARTICLE  XI 

95.  The  judicial  power  of  the  United  States  shall  not  be  con- 
strued to  extend  to  any  suit  in  law  or  equity,  commenced  or  prose- 
cuted against  one  of  the  United  States  by  citizens  of  another  state, 
or  by  citizens  or  subjects  of  any  foreign  state. 

ARTICLE  XII 

This  article  is  printed  under  Section  I  of  Article  IT,  since  it  has 
superseded  that  article  in  the  election  of  president  and  vice- 
president. 

ARTICLE  XIII 

98.  Section  1.  Neither  slavery  nor  involuntary  servitude, 
except  as  a  punishment  for  crime  whereof  the  party  shall  have 
been  duly  convicted,  shall  exist  within  the  United  States  or  any 
place  subject  to  their  jurisdiction. 

99.  Section  2.  Congress  shall  have  power  to  enforce  this  article 
by   appropriate   legislation. 


APPENDIX  ir  357 


ARTICLE  XIV 


100.  Section  1.  All  persons  born  or  naturalized  in  tlic  United 
States  and  sul)jcct  to  tlie  jurisdiction  thereof,  are  citizens  of  the 
United  States  and  of  the  state  wherein  they  reside.  No  state  shall 
make  or  enforce  any  law  which  shall  abridge  the  privileges  or 
immunities  of  citizens  of  the  United  States;  nor  shall  any  state 
deprive  any  person  of  life,  liberty  or  property,  without  due  process  of 
law;  nor  deny  to  any  person  within  its  jurisdiction  the  equal  pro- 
tection of  the  laws. 

101.  Section  2.  Representatives  shall  be  apportioned  among 
the  several  states  according  to  their  respective  numbers,  counting 
the  whole  number  of  persons  in  each  state,  excluding  Indians  not 
taxed.  But  when  the  right  to  vote  at  any  election  for  the  choice 
of  electors  for  president  and  vice-president  of  the  United  States, 
representatives  in  congress,  the  executive  and  judicial  officers  of  a 
state,  or  the  members  of  the  legislature  thereof,  is  denied  to  any  of 
the  male  inhabitants  of  such  state,  being  twenty-one  years  of  age, 
and  citizens  of  the  United  States,  or  in  any  way  abridged,  except 
for  participation  in  rebellion,  or  other  crime,  the  basis  of  repre- 
sentation therein  shall  be  reduced  in  the  proportion  which  the 
number  of  such  male  citizens  shall  bear  to  the  whole  number  of  male 
citizens  twenty-one  years   of  age  in   such   state. 

102.  Section  3.  No  person  shall  be  a  senator  or  representa- 
tive in  congress,  or  elector  of  president  and  vice-president,  or  hold 
any  office,  civil  or  military,  under  the  United  States  or  under  any 
state,  who,  having  previously  taken  an  oath  as  a  member  of  con- 
gress, or  as  an  officer  of  the  United  States,  or  as  a  member  of  am- 
state  legislature,  or  as  an  executive  or  judicial  officer  of  any  state, 
to  support  the  constitution  of  the  United  States,  shall  have  engaged 
in  insurrection  or  rebellion  against  the  same,  or  given  aid  or  com- 
fort to  the  enemies  thereof.  But  congress  may,  by  a  vote  of  two- 
thirds   of  each  house,   remove   such   disability. 

103.  Section  4.  The  validity  of  the  public  debt  of  the  United 
States,  authorized  by  law,  including  debts  incurred  for  payment 
of  pensions  and  bounties  for  services  in  suppressing  insurrection  or 
rebellion,  shall  not  be  questioned.  But  neither  the  United  States 
nor  any  state  shall  assume  or  pay  any  debt  or  obligation  incurred 
in  aid  of  insurrection  or  rebellion  against  the  United  States,  or 
any  claim  for  the  loss  or  emancipation  of  any  slave;  but  all  such 
debts,  obligations,  and  claims  shall  be  held  illegal  and   void. 


358  IOWA  AND  THE  NATION 

104.  Section  5.  The  congress  shall  have  power  to  enforce,  by 
appropriate  legislation,  the  provisions  of  this  article. 

ARTICLE  XV 

105.  Section  1.  The  right  of  citizens  of  the  United  States  to 
vote  shall  not  be  denied  or  abridged  by  the  United  States  or  by 
any    state    on    account    of    race,    color,    or    previous    condition    of 

servitude. 

106.  Section  2.  The  congress  shall  have  power  to  enforce  this 
article  by  appropriate  legislation. 

ARTICLE  XVI 

The  congress  shall  have  power  to  lay  and  collect  taxes  on  incomes, 
from  whatever  source  derived,  without  apportionment,  among  the 
several  states,  and  without  regard  to  any  census  or  enumeration. 
Ratified,  1913. 

ARTICLE  XVII 

The  senate  of  the  United  States  shall  be  composed  of  two  senators 
from  each  state,  elected  by  the  people  thereof,  for  six  years;  and 
each  senator  shall  have  one  vote.  The  electors  in  each  state  shall 
have  the  qualifications  requisite  for  electors  of  the  most  numerous 
branch  of  the  state  legislature. 

When  vacancies  happen  in  the  representation  of  any  state  in  the 
senate,  the  executive  authority  of  such  state  shall  issue  writs  of 
election  to  fill  such  vacancies:  Provided,  that  the  legislature  of 
any  state  may  empower  the  executive  thereof  to  make  temporary 
appointments  until  the  people  fill  the  vacancies  by  election  as  the 
legislature    may    direct. 

This  amendment  shall  not  be  so  construed  as  to  affect  the  election 
or  term  of  any  senator  chosen  before  it  becomes  valid  as  part  of 
the  constitution.     Ratified,  1913. 


INDEX 


Absence  of  Members,  206 

Abstract   Books,    40 

Academy,   Military,  236;   Naval,  236 

Adjournment,    114,    208 

Adjutant-General,    128 

Agricultural  Society,  State,   134 

Agriculture,  U.  S.  Department  of,  263 

Alaska,    286 

Albany    Convention,    180 

Alien,    Rights   of,    96 

Ambassadors,  Appointment  of,   268 

Annapolis    Convention,    183 

Appointments,  by  the   President,  265 

Apportionment,    192 

Appropriations,    National,    244 

Arms,    Right   to   Bear,   292 

Army,    234 

Arrest,    Freedom    from,    210 

Articles  of  Confederation,  181 

Assembly,  Right  of,   96 

Assessor,    18 

Attainder,   Bill   of,  96;   Forbidden,  243 

Attorney,    City,   26 ;    County,  42 

Attorney-General,  State,  128;  United 
States,  263,  272 

Auditor,  City,  26 ;  County,  36 ;  State, 
125 

B 

Bail,    Excessive,   95,   296 

Ballot,   Australian,    100;    Short,    101 

Banking,    166 

Bankruptcy  Laws,  225 

Base    Line,    6 

Bill  of  Rights,  91-97 

Blind,   College  for,  75 

Boards:  Board  of  Control,  133;  Edu- 
cation, 74 ;  Educational  Examiners, 
72 ;  Examiners  of  Mine  Inspectors, 
139;  Geological  Surveys,  140; 
Health,  136,  In  Townships,  17; 
Law  Examiners,  139;  Library 
Trustees,    140;    Medical   Examiners, 


139;     Optometry     Examiners,     139; 

Parole,      138;     Supervisors,      34-36; 

Voting    Machine    Inspectors,    140 
Bonds,   141  ;  United  States,  220 
Bribery,   Penalty  for,  268 
Bureaus,   L'nited   States,   261 


Cabinet   Officers,   Term   of,   264 

Cadets    236 

Capital,    State,    169 

Census,    193 

Chief  Justice,  United  States  Supreme 
Court,  272 

Circuit    Court,    273 

Circuit   Court   of   Appeals,    274 

Cities  and  Incorporated  Towns,  23- 
31:  Attorney,  26;  Auditor,  26; 
Classification  of  Cities,  24  ;  Officers, 
Compensation  of,  27  ;  City  Manager 
Plan,  28 ;  Commission  Form  of 
Government,  27  ;  Council,  25  ;  Mar- 
shal, 26;  Mayor,  25;  Municipali- 
ties Defined,  Incorporation  of,  23 ; 
Police  Court,  27 ;  Special  Charter 
Plan,  29 ;  Superintendent  of  Mar- 
ket,   27  ;   Treasurer,   26 

Citizens,    Relations   of,    284 

Citizenship,    98,    298 

City  Manager   Plan,  28 

Civil  Service,   National,  265 

Civil  Township,  12-22:  Activities  of, 
13;  Assessor,  18;  Clerk,  18;  Con- 
stable, Duties  of,  20;  Contested 
Elections,  14;  Duties  of  Officers, 
18;  Elections,  13;  Importance  of 
Good  Roads,  16;  Justices  of  the 
Peace,  Duties  of,  20;  Names,  12; 
Officers,  13;  Persons,  Protection  of, 
18;  Poor,  Relief  of,  16;  Property, 
Protection  of,  18;  Trustees,  14, 
Duties  of,  19;  Unit  of  Local  Gov- 
ernment,   12 


359 


3(jU 


INDEX 


Clerk,  County,  38 ;  House  of  Repre- 
sentatives,   196 

Coinage,    225 

Coins,   226 

Colonial   Congress,    180 

Commerce,  Department  of,  263 ;  Re- 
striction of  Prohibited,  244  ;  United 
States,   221 

Commission  Form  of  City  Govern- 
ment,   27 

Commissions:  State  Highway,  137; 
Insane,  159;  Pharmacy,  137;  Rail- 
road,   135 

Committees,   General   Assembly,   118 

Community    Center,    67. 

Condemnation    Proceedings,    95,   294 

Congress,  190-248:  Absence  of  Mem- 
bers, 206;  Adjournment,  208;  Con- 
current Resolution,  216;  Discipline, 
206 ;  Elections,  204 ;  Freedom  from 
Arrest,  Freedom  of  Speech,  210; 
Plouse  of  Representatives,  National, 
190;  Joint  Resolutions,  215;  Jour- 
nal, 207  ;  Meetings,  205  ;  Member- 
ship, 205  ;  Mode  of  Making  Laws, 
211-215;  Powers  of,  217-239;  Pro- 
hibitions on,  242-248;  Prohibitions 
on  Members,  210;  Privileges  of 
Members,  209,  210;  Quorum,  206; 
Revenue  Bills,  211;  Roll  Call,  208; 
Rules,  207;  Salary,  209;  Senate, 
197;  Special  Sessions,  267;  Voting, 
Methods   of,   207,   208 

Congressional   Districts,    171,    192. 

Congressional  Township.    10 

Constable,    Duties   of,    20 

Constitution,    Iowa,    81.    170,    309 

Constitution  of  the  United  States,  342  ; 
Amendments  to,  290-303 ;  Ratifica- 
tion of,  307 

Constitutional  Convention,  Iowa,  80; 
United    States,    183 

Contested   Elections,   Township,    14 

Continental   Congress,   181 

Copyright,   232 

Coroner,  43 

Corporations,    165 

Corporations,  School :  School  Cor- 
porations, 59;  School  Township, 
59 ;  Rural  Independent  Districts, 
60 ;    City,   Town    and    Village    Inde- 


pendent Districts,  60 ;   Consolidated 
Districts,  61 

Correction  Lines,   10 

Council,    City,   25 

Counterfeiting,  12,1 

Counties,  New,  168 

County,  32-49:  Abstract  Books,  40 
Attorney,  42 ;  Bond,  Salary,  42 
Auditor,  36;  Bond,  Salary,  7>1 
Board  of  Supervisors,  34-36 ;  Clerk 
38 ;  Coroner,  43 ;  County  Seat,  33 
Limit  of  Indebtedness,  168;  Names 
33 ;  Engineer,  43 ;  Notary  Public 
45 ;  Number  and  Boundaries,  ZTi 
Officers,  34;  Recorder,  40;  Sheriflf, 
41  ;    Treasurer,    37. 

County  Superintendent,  68 ;  Normal 
Institute,  69;  Teachers  Certificates, 
69  ;   Appeals,  70  :   Report,   70 

Court   of   Claims,   275 

Court,  Police,  27 

Court,   Prize,   234 

Courts,  State,  145-157:  Courts  Estab- 
lished, 145;  District  Court,  149; 
District  Judges,  150;  Grand  Jury, 
153;  Jurors,  153;  Justice  Court, 
145;  Petit  Jury,  154;  Reports,  156; 
.Selection  of  Jurors,  154;  Superior 
Court,  149;  Supreme  Court,  150; 
Talesmen,    155 

Courts,  L'nited  States,  271-280:  Cir- 
cuit Court  of  Appeals,  274;  Circuit 
Courts,  273  ;  Court  of  Claims,  275  ; 
Jurisdiction,  278-280  ;  Organization, 
271;  Salaries  of  Judges,  277;  Dis- 
trict, 275;  Supreme  Court,  271;  Su- 
preme Court,  District  of  Columbia, 
276;  Territorial  Courts,  277;  Time 
and    Place  of   Meeting,   277 

Criminal  Cases,   93 

Critical    Period   of   United    States,    183 

Custodian   of   Public    Buildings,    131 
D 

Dairy  and   Food   Commissioner,    130 

Debt,   Imprisonment  for,  95 

Debts,  Natio.ial,  2'20 ;  Assumed,  305  ; 
State,    165;    War,   300 

Democracy,    178 

Dental    Examiners,    136 

Des  Moines,  Made  Capital  of  the 
State,   84 


INDEX 


361 


Diplomatic    Corps,    2fJ8 
District    Court,    State,    149;    Iowa    Re- 
ports,   156 
District     Court,     United    States,    275  ; 
District  Attorney,  275  ;  Jurisiliction, 
280;    Other   Officers,  275;   Salary   of 
Judges,   277 
District  Judges,    State,    ISO 
District    of    Columbia,    238;    Supreme 

Court   of,    276 
Director    of    Weather    Service,     132 
Dueling,    92 

E 
Education,  58-77:   Annual  Meetings  of 
School    Boards,    61  ;    Buildings    and 
Grounds,  67  ;   College  for  the  Blind, 
75 ;    ComiTiunity    Center,    67 ;    Com- 
pulsory  Education,   59 ;    County   Su- 
perintendent,  68;    Normal   Institute, 
Teachers'    Certificates,   69 ;    Appeals, 
Report,   70 ;    Directors,   Independent 
Districts,  61  ;  Annual  Meetings,  61  ; 
Powers,     62.       Funds :     Division     of 
Funds,    63  ;    Teachers'    Fund,    Con- 
tingent     Fund,      64;       Schoolhouse 
Fund,     65  ;     Educational     Board     of 
Examiners,   72  ;    Educational  Oppor- 
tunities,  58 :    Institution  for   Feeble- 
Minded    Children,    76 ;    Iowa   School 
for   the   Deaf,    76;   Iowa    State   Col- 
lege,   73 ;    Origin    of    Public    School 
System,     58 ;     School     Corporations, 
59 ;     School     Township,     59 ;     Rural 
Independent    Districts,    City,    Town 
and    X'illage    Independent    Districts, 
60 ;      Consolidated      Districts,      61  ; 
School    Funds,    62 ;    Apportionment 
of,   63  ;    Local   Tax,    63 ;    School    Li- 
braries,   65 ;    State    Board    of    Edu- 
cation, 74 ;   State  Teachers'  College, 
74 ;    State    University,    72 ;    Superin- 
tendent   of    Public    Instruction,    70 ; 
Taxes  Certified,  65  ;  Vocational  Ed- 
ucation, 65 
Education,  State  Board  of,  74 
Educational  Opportunities,  58 
Electoral   College,   254 
Engineer,    City,    27 ;    County,   43 
Equity,    279 

European   Rulers,  .Salaries  of,  259 
Executive    Council,    State,     132;     Pro- 


posed at  Constitutional  Convention, 

249 
Export   Duty,  219 

Exports.    Duties   on    Prohibited,   244 
Ex-Post-Facto   Law,   96,   243 
Extradition,   285 

F 
Fines   and    Forfeitures,    169 
Fire  Marshal,    132 
Fish   and   Game   Warden,    131 
Freedom    from    Arrest,    210;    Freedom 

of   Speech,    210 
Funds,    U.    S.,    Public,    Care   of,   244 
Funds,    School,  62 

G 
General    Assembly,    111-121:    Adjourn- 
ment,    114;     Approval    of    Bills    by 
Ciovernor,     119;     Cominittees,     118; 
Compensation,    113;    Credentials    of 
Members,    112;    Freedom    from    Ar- 
rest,   115;    Ineligibility,    116;    Joint 
Convention,     120;     Laws     Effective, 
118;  Laws  General,   117;   No  Extra 
Compensation,      117;      Oath,      112; 
Officers,     112;     Privileges    of    Mem- 
bers,   115;    Prohibitions,    118:    Pun- 
ishment of  Members,   116;  Ouorinn, 
114;    Readings   of   Bill,    119;    Right 
to     Object,     115;     Restrictions     on 
Members,     116;      Rules     of     Order, 
114;     Sessions,     111;     Special     Pro- 
visions,    114;     Ignited     States     Sen- 
ator,   120;    Veto    by    Governor,    119. 
Good    Time    Law,    161 
Government,    National :     Branches    of, 
189;     Departments     of,     260;      Ex- 
penses    of,      219,      245;      Executive 
Branch,  249;   Judicial   Branch,   271; 
Legislative     Branch,     189;     Limita- 
tions   of,   297  ;    Seat   of,    238 
Governor,   122-124:   Duties,  123;   Elec- 
tion    Returns,     122;     Powers,     123: 
Qualifications,     122;     Salary,     124; 
Veto    Power,    1  19 
Great  Seal,   Iowa,   124;   United  States, 

261 
Guam,    287 

H 
Habeas    Corpus,    Writ    of,    94,    242 
Half-Breed   Tract,    82 
Hawaii,   286 


362 


INDEX 


High   Seas,   Jurisdiction   Over,   233 

Highway  Commission,  State,  137 

Highways,   Public,    15 

Historical    Society,    138 

Horticultural    Society,    135 

Hotel  Inspector,    131 

House    of     Representatives,     National, 
190-197 

House  of  Representatives,   State,   106- 
109 

I 

Impeachment,        Congress,       202-204  ; 
State,    111 

Indian    Claims,   82 

Indictment,     154 

Industrial  Schools,  Iowa,  160 

Inebriates,   State   Hospital   for,   159 

Insane,   Hospitals  for,   159 

Inspector:     of    Bees,     132;     of    Boats, 
132;   of  Illuminating  Oils,   130 

Institutes,   Xormal,  68 

Insular   Possessions,   287 

Insurrection,     289 

International    Postal    Union,    230 

Interstate  Commerce  Commission,  264 

Invasion,    289 

Iowa:    Capitals,  83;   Challenge  of,  87; 
Constitution    of,    81  ;    Constitutional 
Convention,   80  ;   Cultural   Resources 
of,     86 ;     Discovery     of,     79 ;     Early 
Settlers,     82;    Great    Seal    of,     124 
Half-Breed    Tract,    82;     History    o 
Territory,    80;    Indian    Claims,    82 
Iowa  a  State,  81  ;  Iowa  a  Territory 
80 ;   Land   Sale,   83 ;    Love  for  Iowa 
85  ;   Material   Resources  of,  85  ;   Na 
tional    Guards,    164;    New   Constitu 
tion,  81  ;  Old  Constitution,  81  ;  Set 
tlement,  79;  Song  of  Iowa,  78;  Sur 
vey    in,   8 ;    Territory,   80 

Iowa   City,    First    Capital,   84 

Iowa   Industrial   School-,    160 

Iowa   State     College,    73 


Joint  Convention,   120 

Journal,    207 

Judicial   Districts,   State,   171 

Jurors,     153-156:     Grand     Jiiry,     153; 

Petit  Jury,  154;  Selection  of  Jurors, 

154;   Talesmen,   155 


Jury    Trial    Guaranteec.    by    Constitu- 
tion,  281,   295 
Justice   Court,    145 
Justice,   Department   of,   263 
Justice,   Fugitives   from,   284 
Justices   of   the  Peace,   20,    168 


Labor,   Department  of,   264 

Labor   Statistics,    Bureau  o*,   138 

Land   Survey  System,  6-11 

Lands,    Lease   of   Farm,    97 

Law   Suit,    146-149 

Laws,    Effective,    118;    General,     117; 

Enforcement   of   by    President,    268 ; 

Mode  of  Making,  212-215;  National 

Inspection,    247 
Legislative  Power  of  Congress,  239 
Libraries,    School,    65 
Lieutenant-Governor,    124 

M 

Madison    Papers,    184 

Mail,    Classes   of,   229 

Market,    Superintendent    of,    21 

Marque   and   Reprisal,    Letters   of,   234 

Marshal,   City,  26 

Mayor,   25 

Meridians,    Principal,    6 

Message,  President's,  267 

Military  Academy,   236 

Militia,  Iowa,   164 

Militia,        National:        Commander-in 

Chief    of,    237  ;    Members    of,    235  ; 

Organization,    in ;    Training,    238 
Mine  Inspectors,  127 
Mints,   United   States,  225 
Monarchy,   177 
Money,   Paper,  228 
Money   Orders,    Postal,   230 
Monroe  City,   Second  Capital,  84 
Municipalities,    li 

N 

Nation,  Supremacy  of,  248,  305 

National   Guards,    164 

Naturalization,  221-224:  Declaration 
of  Intention,  222;  Effect,  224;  Ex- 
ceptions, 224  ;  Fees,  224  :  Petition, 
222;    Suffrage,   224 

Naval   Academy,   236 

Navy,  235;   Department  of,  262 


INDEX 


363 


New  England  Colonies,  Union  of,   180 

New  States,  Admission  of,  285 

Nobility,   Titles  of   Prohibited,   245 

Nomination   of   Candidates,    102 

Notary  Public,  45 

OP 

Oath,  112:  Oath  of  Office,  President, 
256;  State  and  National  Officers, 
306;  Oath  of  Office,  State,  168 

Panama  Canal  Zone,  287 

Paper  Money,   Kinds  of,  228 

Parcel  Post,  230 

Patents,  231 

Patriarchal   Government,   177 

Penitentiary,     160-162 

Persons,  Protection  of,  18;  Rights 
of,   91 

Philippine  Islands,  287 

Piracy,    233 

Porto  Rico,   287 

Postal  System,  228-231:  Adjustment, 
230;  International  Postal  Union, 
230;  Parcel  Post,  230;  Postal 
Money  Orders,  230 ;  Post  Roads, 
231  ;   Rates  of  Postage,   229 

Postmaster,  National  House  of  Rep- 
resentatives,  197 

Postmaster-General,    262 

Postoffice   Department,  262 

Post    Roads,    231 

Powers  of   Congress,    217-239 

President  Pro  Tempore,   124,  202 

President,  United  States,  249-268: 
Choice  of  Candidates,  252  ;  Choice 
of  Electors,  252;  Duties,  267,  268; 
Election,  251-255;  Election  by 
House  of  Representatives,  255  ; 
Electoral  College,  254 ;  Expenses, 
259 ;  Message,  267 ;  Number  of 
Electors,  253 ;  Number  of  Terms, 
250;  Oath  of  Office,  256;  Powers, 
259;  Presidential  Primaries,  253; 
Presidential  Succession,  257  ;  Quali- 
fications, 255  ;  Removal  from  Of- 
fice, 268;  Salary,  259;  Summary  of 
Election,   253:  Time   of,   253 

Presidential  Primary,   103,   253 

Presidential  Succession,   257 

Primary  Elections,   102 

Privileges  of  Members:  General  As- 
sembly,  115;   Congress,   209 


Prohibitions  on  Congress,  242-248  ;  on 
Members  of  General  Assembly,    118 

Property,  Protection  of,  18;  United 
States,  238 

Public    School    System,    58 
Q-R 

Quorum,    114,   206 

Railroad   Commissioners,    135 

Range  Lines,  8 

Ranges,   8 

Ratio  of  Representation.   194 

Rebellion,   Effects  of,  300 

Reconstruction,    298 

Records:   County,  40;   State,  283 

Reformatory,    160 

Registration,    99 

Religious   Test,    92 

Representative   Districts,    171 

Representatives  and  Direct  Taxes,   193 

Representatives   at   l^arge,    194 

Republic,   1/8 

Republican  Government  Guaranteed 
States,   288 

Residence,   99 

Resolutions,    216,    215 

Restrictions   Upon    States,    246 

Revenue    Bills,    211 

Revenue,    Internal,    219;    State,    247 

Right  to  Assemble,   96 

Right  to   Vote,   97 

Rights   Guaranteed,    90 

Rights  Reserved,  97 

Roads,    Importance   of    Good,    16 

Roll  Call,   208 

Rules   of   Order:   Congress,   207;    Gen- 
eral  Assembly,    114 
S 

Search,   Unwarranted,   Prohiljited,   293 

Secretary   of   State,    Iowa,    125 

Secretary,  National :  Agriculture,  263  ; 
Commerce,  263  ;  Interior,  263  ;  La- 
bor, 264;  Navy,  262;  State,  261; 
Treasury,    261  ;    War,    262 

Section,  Divisions  of,  9 :  in  a  Town- 
ship,   8 

Senate,    State,    109-111 

Senate,    I'nited    States.    197-204 
Senatorial   Districts,    109,    171 
Sentences,    Indeterminate,    163 
Sergeant-at-Arms,  196 
Service,   Fugitives  from,  285 


364 


INDEX 


Sessions,    General    Assembly,    111 

Sheriff,   41 

Slavery:  ^Vbolished,  298  ;  Importation, 
242;     Prohibited    in     Iowa,    97 

Soldiers'   Home,   158 

Soldiers'   Orphans'    Home,    158 

Soldiers,    ( juartering    of,    292 

Song   of   Iowa,    78 

Speaker,    National,    196;    State,    112 

Special   Charter   Plan,   29 

Special   Taxes,    55 

Speech,  Freedom  of,  115,  210;  Lib- 
erty   of,    92 

State,    Department    of,    261 

State  Librarian,    129 

State   Printer,   129 

State  Records.    283 

State  Revenue,    247 

State  Sealer  of  Weights  and  Meas- 
ures,   127 

State  Teachers'   College,  74 

State   University,    72 

States,   Admission  of  New,   283 

States,   Restrictions  Upon,  246 

Suffrage,  97-107;  Registration,  99; 
Residence,  99 ;  Right  to  Vote,  97  ; 
Short   Ballot,    101 

Superintendent  Public  Instruction: 
Appointment,  126;  Reports,  Sal- 
ary,  71 

Superior   Court,    149 

Supervisors,    I?oard    of    County,    34-36 

Supreme  Court,  District  of  Columbia, 
276 

Supreme  Court,  State,  150-152:  Com- 
position of,  150;  Officers,  152;  Or- 
ganization, 151  ;  Powers  and  Du- 
ties,   151 

Supreme  Court,  United  States,  271 : 
Attorney-General,  272 ;  Chief  Jus- 
tice, 272;  Jurisdiction  of,  279,  280; 
Retirement  of  Justices,  272  ;  Salary, 
277;   Tenure  of   Office,  272 

T-U 
Table  of  Districts,    173-175 
Talesmen,    155 
Tariff,  218;  Income,  218,   302 


Tax,   Local  School,  65 

Taxation,    50-57 

Taxes:  Authorized  by  Constitution, 
217;  Direct,  193,  217,  243;  Indirect, 
218;    School,    Certified,  65 

Teachers'   Certificates,   69 

Tender,   l^egal,  226 

Territorial  Courts,    277 

Territory,    Change  of  to  a   State,   287 

Towns,   Incorporated,  23-31 

Township,  8:  Civil,  12-22;  Congres- 
sional,  10;  Township   Lines,   8 

Treason,    95,    268,    280,    281 

Treasurer:  City,  26;  County,  37; 
State,    126;    United    States,    261 

Treasury,    Department   of,   261 

Treaties,    265 

Trustees,   Township,    14 

Tuberculosis   Sanitarium,    159 

Tutuila,    287 

Uniform  Laws,   92  , 

Union,    Attempts   to    Form    a,    180-185 

Union  of   New  England   Colonies,    180 

United  States  Senator,  Election  of, 
120,    302 

United  States,  Territorial  Growth  of, 
286 

V-W-Y 

Vacancies,  How  Filled:  Congress, 
195,  199;  by  President,  266;  State, 
141 

Venue,  Change  of,  147 

Veterinary  Surgeon,  State,  128 

Veto:  by  Governor,  119;  by  Presi- 
dent, 214;   Pocket  Veto,  215 

Vice-President:  Election  of,  250-254; 
by  Senate,  255  ;  Presides  Over 
Senate,    201  ;    Qualifications,    256 

Vocational  Education,  65 

Voters,  Privileges  of,  99 ;  Qualifica- 
tions  of,   98 

Weights  and  Measures:  Established 
by  Congress,  227 ;  State  Sealer  of, 
127 

War,  Declaration  of,  233;  Department 
of,   262 

Yeas  and  Nays:  Congress,  208;  Gen- 
eral  Assembly,    116 


THE  UNIVERSITY  LIBRARY 
This  book  is  DUE  on  the  last  date  stamped  below 


Form  L 

20m-I2, 


umrmmrr  of  cajlifobnu 

AT 

LOS  ANGELES 

LIBRARY 


1915      Iowa   and 
C361r     the   nation. 


6325 
1915 
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